GENERAL CONDITIONS OF ACCESS, USE OF SERVICES, AND ONLINE SALE OF SERVICES PROPOSED BY SAPO IMPLANT as of 05.05.2017
SAPO IMPLANT puts public and private professional information online, and sells Continuing Professional Training services online on the site accessible under the domain name http://www.sapoimplant.com hereinafter referred to as “the Site”. Les visiteurs et les clients du Site sont ci-après désignés « le Client ».
Visitors and clients of the Site are hereinafter referred to as “the Client”.
1- PURPOSE AND ACCEPTANCE OF THE GENERAL AND SPECIAL CONDITIONS OF THE SITE AND ITS SERVICES
Access to the Site’s services is subject to the Client’s acceptance of these general conditions of access, use and sale. They constitute a contract between SAPO IMPLANT and the client, the terms of which may be modified by SAPO IMPLANT. The Client is therefore invited to consult their online version regularly, which is permanently accessible from the Site’s home page.Les services et prestations proposés sur le Site sont susceptibles d’être régis en outre par des conditions particulières, précisées sur les différents documents générés par la plateforme du Site et qui devront faire l’objet d’une signature par le Client.
The services and benefits offered on the Site may also be governed by special conditions, specified in the various documents generated by the Site’s platform, which must be signed by the Client.
Unless otherwise provided, any improvement or modification of the existing services will be subject to the present general conditions.
The present general conditions and the special conditions are the only ones applicable.
2- CONDITIONS OF ACCESS TO SERVICES
SAPO IMPLANT reserves the right to suspend access to all or part of the services momentarily and without prior notice for maintenance purposes, without the unavailability of the services giving rise to any right to compensation.
Furthermore, given the nature of the Internet, the Client acknowledges and accepts that SAPO IMPLANT cannot be held responsible for any interruption or alteration of access to its services that may result from the network itself, from the means of connection used by the Client or from any other cause outside SAPO IMPLANT.
It is specified that all hardware and software necessary for the use of the services shall be borne exclusively by the Client.
2.2 Registration data
To benefit from the services offered on the Site, the Client is invited to create a personal account. His login and a password will allow him to access his personal account.
The Customer undertakes to provide accurate, up-to-date and complete information on his identity, contact details and profession, as well as any information requested in the account creation form. He agrees to regularly update all this information. A hypertext link available when accessing the services will allow him to make any necessary changes to the registration data provided.
In the event that the Client provides false, erroneous, out-of-date or incomplete registration data, SAPO IMPLANT shall be entitled to suspend or terminate his account without prior notice and to refuse him access to all or part of the service immediately and for the future.
The Client is solely responsible for any use that may be made of his identifier and password and is the sole guarantor of their confidentiality, as well as for any use of his account. The client undertakes to inform SAPO IMPLANT immediately of any unauthorized use of his or her account, and of any breach of confidentiality or security of his or her means of identification.
SAPO IMPLANT shall in no case be held liable for any loss or damage resulting from any breach of the obligations set out in this article.
2.3 Personal data
The personal data requested in the context of distance selling are mandatory and necessary for the processing of registrations and the preparation of invoices.
In application of Chapter III of the RGPD relating to the rights of the person concerned, the User may at any time request SAPO IMPLANT to access the data collected. Under the same conditions, he or she may also assert a right to the portability of his or her data, to deletion, to rectification and a right to object to processing.
The User also has the possibility of withdrawing at any time the consent on which the processing was based, without affecting the lawfulness of the processing before withdrawal.
To exercise his rights or for any other question relating to the protection of personal data, the User may send a request by the following means
– By e-mail: email@example.com
– By mail: SAPO IMPLANT 6 rue Michel Chasles 75012 Paris
In compliance with this law, the collection and storage of personal data by SAPO IMPLANT have been declared to the CNIL.
In application of the law for Confidence in the Digital Economy of June 21, 2004, personal data may be used by SAPO IMPLANT for commercial prospecting purposes relating to services similar to those previously provided free of charge or for a fee. This data may be transmitted to third parties for commercial prospecting in the context of the Client’s professional activities. The Client may at any time object to such use of his personal data by sending a letter to SAPO IMPLANT: 6 rue Michel Chasles – 75012 PARIS or by sending an e-mail to firstname.lastname@example.org.
3- USE OF THE SERVICES
3.1 Customer’s obligations
The Client undertakes to comply with the legal and regulatory provisions in force, in particular not to use the Site and its services to transmit or communicate any message, information or illicit content, of any kind whatsoever, and in particular offensive, defamatory, abusive, violent, pornographic or discriminatory, or of such a nature as to alter the functioning of computer systems in any way whatsoever.
Similarly, the Client undertakes to respect the intellectual property rights of third parties and of SAPO IMPLANT attached to the presentation and content of the Site.
Lastly, the Client undertakes to respect and ensure respect for all secure access, and more generally not to hinder or disrupt access to and the operation of the services offered by SAPO IMPLANT and the corresponding technical means.
3.2 Responsibility of the Client
The Client is solely responsible for the use he or she makes of all the services available through the Site, and more generally for any use made from his or her account.
In particular, the use of information, messages or data of any kind available through the services of the Site is the sole responsibility of the Customer, and the decisions or actions that the latter would be led to take or to carry out in consideration of these would not engage any other responsibility than his own.
4 – REGISTRATION CONDITIONS AND PAYMENT TERMS
4.1 Conditions of registration
The Site sells training services provided within the framework of Continuing Professional Education (5-module curriculum, advanced courses) and scientific conferences (continuum type) open to professionals.
The catalog of the latter is accessible on line: the programs and pedagogical tools, dates, places and registration fees can be consulted on the screen.
For training courses that include practical work on fresh anatomical subjects, SAPO IMPLANT is linked to the Centre du Don des Corps of the Université Paris Descartes by an annual agreement. The supply of subjects is subject to very strict regulations, changes to which are totally beyond the control of SAPO IMPLANT. If the anatomical subjects cannot be provided, SAPO IMPLANT undertakes to provide training using any technological means that can be substituted. In this case, SAPO IMPLANT cannot be held responsible for the absence of fresh anatomical subjects.
Prices are indicated in Euros, all taxes included.
After identifying himself, the Client validates his registration. He/she is then invited to verify it, if necessary to correct it, then to confirm it and to accept the present general terms and conditions of sale (GTCS). A form in PDF format is then generated and sent to the Customer electronically. The registration is then committed and constitutes a contract between the Client and SAPO IMPLANT. The generated form includes a list of additional documents to be provided for the final registration to be valid. The Client signs the generated form and sends all the required documents to SAPO IMPLANT by mail or e-mail.
SAPO IMPLANT reserves the right to cancel any registration of a client with whom there is a payment dispute, without the client being able to claim any compensation whatsoever. SAPO IMPLANT also reserves the right to refuse any registration in the event of refusal of payment by credit card by banking organizations, or of partial payment.
4.2 Terms of payment
The Client acknowledges and accepts that, to the extent permitted by applicable law, SAPO IMPLANT may not be held liable for any damage, direct or indirect, suffered by a user or a third party, resulting from an error or failure to invoice or pay for services provided through the Site.
The payment methods offered online are payment by credit card or account registered via Paypal, and/or payment by bank/postal check payable in euros.
Depending on the type of service (5-module course, advanced course or conference), payment will be offered in one or more installments.
4.2.1 The Customer’s registration for the 5-module course is payable in one or five installments.
Payment in one instalment is made by credit card online or by bank/postal cheque payable in Euros and cashed on receipt.
The split payment includes the payment of a deposit (30%) by credit card online or by bank/postal check payable in euros cashed upon receipt, then four bank/postal checks payable in euros provided at the time of the 1st module and cashed respectively one month before the modules 2, 3, 4 and 5 initially planned. If the Customer encounters a case of force majeure (ref. Article 7) obliging him/her to postpone his/her participation to a later module, the payment is due on the initial date of participation.
4.2.2 The Customer’s registration for an advanced course or a conference is payable in one go.
Payment is made by credit card online or by bank/postal cheque payable in Euros cashed on receipt.
Some advanced courses/conferences offer a preferential “Sapist” rate. Are considered as “Sapists” :
- Practitioners who have completed the Cursus,
- Practitioners who have taken at least 3 advanced courses.
Where applicable, Practitioners are considered “non-Sapists” for payment purposes.
4.2.3 In case of a first payment by credit card, the Client is invited to enter the type of credit card, the number, the cryptogram and the expiration date of the card. The data is encrypted during its transmission according to the SSL (Secure Socket Layer) protocol which guarantees the safe circulation of this information. At no time will the Client’s banking data pass through SAPO IMPLANT’s computer system.
Once payment has been validated, registration is guaranteed and the invoice is sent to the Client or handed over to him/her when he/she participates. The client is invited to send the documents required for final registration to SAPO IMPLANT by mail or e-mail.
4.2.4 In the event of initial payment by bank/postal cheque payable in euros, the Client is invited to send it by mail with his form and any other documents required for his registration. The registration will then be validated by mail or email upon receipt of the complete file.
4.3 Cancellation and postponement of registration
In case of cancellation of registration,
- 3 months before the start of the service, SAPO IMPLANT shall reimburse the Client 100% of the amount paid,
- between 3 months and 1 month before the start of the service, SAPO IMPLANT shall reimburse the Client 70% of the amount paid,
- between 1 month before and the day before the service is to begin, SAPO IMPLANT shall reimburse the Client 50% of the amount paid,
- on the day of the service or during the course of the course, no reimbursement will be due to the Client, except in cases of force majeure listed in article 7.
In the event of a request to postpone registration for personal convenience to a later course, the price of which is higher than that initially subscribed to, the sum committed by the Client shall be retained by SAPO IMPLANT for the Client’s future participation in the reserved service and the difference in price shall be charged to the Client.
If a withdrawal frees up a place and allows the Client to bring forward his or her training to a previous course, the price of which is lower than the one initially subscribed to, the Client shall benefit from the difference in price.
The computerized records kept in SAPO IMPLANT’s computer systems under reasonable security conditions shall be considered as proof of communications and payments between the parties. Registrations and invoices shall be archived on a reliable and durable medium that can be produced as proof.
5- LIMITATIONS OF LIABILITY
In the execution of the present contract, SAPO IMPLANT is bound by a simple obligation of means.
5.1 Content disseminated
The content appearing in the various sections (excluding the forum) has been prepared by SAPO IMPLANT. SAPO IMPLANT declares that it is the sole owner of all copyrights relating to the content it distributes: no transfer of copyrights is granted.
Any infringement of the provisions of the Intellectual Property Code may result in legal proceedings against the infringers.
The Client undertakes to make lawful use of this content. SAPO IMPLANT shall not be held liable in the event that the Client makes illicit or non-compliant use of the information provided.
5.2 Site services
SAPO IMPLANT undertakes to make its best efforts to provide reliable services.
SAPO IMPLANT shall not be held liable for any breakdown, interruption of the service, loss of data or, more generally, for any damage suffered by the Client’s computer as a result of the use of or inability to use the services, or of unauthorized access to the services by another user or a third party.
Generally speaking, the Client accepts that, to the extent authorized by the law in force, SAPO IMPLANT may not be held liable for any damage whatsoever, whether direct or indirect, material or immaterial, and in particular for any loss of profit or data whatsoever, resulting from the use of the services offered by the Site or from a visit to the Site.
In any event, it is expressly accepted by the Client that if SAPO IMPLANT’s contractual liability is established, the financial compensation that may be owed to the Client shall not exceed the cost of the service in respect of which the damage was suffered. SAPO IMPLANT shall not be held responsible for technical incidents that may occur on networks over which it has no control (Internet, telecommunications, electricity, bank service providers or others).
5.3 Hypertext links
The Site, its partners, or third parties may offer links to other websites or other resources available on the Internet. Insofar as SAPO IMPLANT has no control over these sources, the latter cannot be held responsible for any damage of any kind whatsoever resulting from the content of these external sites or sources, and in particular from the information, products or services they offer or from any use that may be made of these elements.
6- INTELLECTUAL PROPERTY
The Client undertakes to respect all intellectual property rights of SAPO IMPLANT or of any third party, and in particular the copyrights attached to the presentation and content of the Site: drawings, graphic elements, photographs, images, texts of any kind, animated sequences with or without sound. The use that the Customer can make of the contents, of the services protected by an intellectual property right, is obviously non-exclusive and strictly limited to his personal use.
It is specified that the use granted to the Customer by virtue of the present document does not imply and does not include any transfer to him, of any nature whatsoever, of any intellectual property right on the elements used, whether it be the Site itself or its content. All of its rights remain, except by special and separate agreement, the exclusive property of SAPO IMPLANT.
Any total or partial representation of the Site and its contents by any means whatsoever without the prior express authorization of SAPO IMPLANT is prohibited and would constitute an infringement punishable by articles 335-2 et seq. of the Intellectual Property Code.
SAPO IMPLANT’s trademarks appearing on the Site are registered trademarks. Any total or partial reproduction of these trademarks without the express authorization of SAPO IMPLANT is therefore prohibited.
7. FORCE MAJEURE
If, as a result of a case of force majeure, SAPO IMPLANT is no longer able to provide its services and benefits, or the Client is no longer able to fulfil its obligations, the performance of this agreement shall be suspended for the time during which the party concerned is unable to fulfil its obligations. As soon as the effect of the impediment due to force majeure ceases, the obligations of this agreement shall resume.
The parties agree that the following shall be considered as force majeure to the exclusion of all other events
- war, riot, revolution, strike or lockout at one of the parties, acts of piracy, explosions of devices, nuclear or radioactive effects, insofar as they have the effect of preventing one of the parties from reasonably fulfilling its obligations
- natural disasters, pandemics, requisitions or provisions of a legislative, regulatory or other nature restricting the profession exercised by one of the parties
- any disruption of the telephone or Internet network, beyond the control of SAPO IMPLANT
- and more generally, any other unforeseeable, irresistible event external to the parties.
The Client may not transfer all or part of the rights and obligations resulting from the present contract to a third party, without having obtained the express prior authorization of SAPO IMPLANT.
9- DURATION AND TERMINATION
This contract is concluded for an indefinite period from the date of validation by the Client or for the period specified in the special conditions.
Any failure by the Client to comply with any of the stipulations herein shall result in immediate termination of the contract and a consequent ban on using the services of the SAPO IMPLANT site, upon simple notification by SAPO IMPLANT to the Client by e-mail or registered letter.
10- JURISDICTION AND APPLICABLE LAW
These general conditions are subject to French law.
Any dispute that cannot be resolved amicably shall be brought before the Tribunal de Commerce de Paris.