GENERAL TERMS GOVERNING ACCESS TO AND THE USE AND ONLINE SALES OF SERVICES, PROPOSED BY SAPO IMPLANT
SAPO IMPLANT publishes public and private information online and markets Continuing Vocational Training services on the website accessible under the domain name http://www.sapoimplant.com hereafter referred to as the “Website”.
Visitors to and clients of the Website are hereafter referred to as the “Client”.
1- PURPOSE AND ACCEPTANCE OF THE GENERAL AND SPECIAL CONDITIONS APPLICABLE TO THE WEBSITE AND ITS SERVICES
Access to the Website’s services is subject to acceptance by the Client of these general access, usage and sales conditions. They constitute a contract between SAPO IMPLANT and the Client. The Client is therefore invited to regularly consult the online version of these conditions, which are always accessible via the Website’s homepage.
The services proposed on the Website may also be governed by special conditions mentioned in the various documents generated by the Website platform and which must be signed by the Client.
Unless stated otherwise, any improvements or modifications to the existing services will be subject to these general conditions.
These general conditions and the special conditions are the only conditions which apply.
2- CONDITIONS FOR ACCESSING THE SERVICES
SAPO IMPLANT reserves the right to temporarily suspend all or part of the services without notice for maintenance reasons, with the resulting non-availability of the services creating no entitlement to any compensation.
Furthermore, in view of the inherent nature of the Internet, the Client acknowledges and accepts that SAPO IMPLANT cannot be considered liable for any interruption of or deterioration to access to its services resulting from the network itself, from the connection resources used by the Client or any other cause outside SAPO IMPLANT’s control.
It is hereby stipulated that the Client assumes the responsibility for and cost of all hardware and software necessary to the use of the services.
2.2 Registration data
To benefit from the services proposed on the Website, the Client is invited to create a personal account. His account will be accessible by means of his username and password.
The Client agrees to supply accurate, up-to-date and complete information concerning his identity, his contact details and his profession, in addition to any other information requested on the account creation form. He agrees to regularly update all of this information. A hypertext link available when accessing the services will enable him to carry out any necessary modifications to the registration data supplied.
In the event that the Client supplies false, erroneous, out of date or incomplete registration data, SAPO IMPLANT will be entitled to suspend or cancel his account without notice and to refuse him access to all or part of the services both immediately and for the future.
The Client assumes sole liability for any use which may be made of his username and password and he alone is responsible for their secrecy and for any use of his account. He agrees to inform SAPO IMPLANT immediately of any unauthorised use of his account, and any breach in the privacy and security of his login information.
Under no circumstances may SAPO IMPLANT be considered liable for any loss or damages resulting from any failure to comply with the obligations described in this article.
2.3 Personal data
The personal data requested for distance selling is compulsory and necessary to the processing of registrations and the preparation of invoices.
Pursuant to the Informatique et Libertés law of 6 January 1978 (the French data protection act), the Client has the right to access, rectify and oppose the use of any personal data he provides to SAPO IMPLANT. He may invoke these rights by writing by letter to SAPO IMPLANT: 6 rue Michel Chasles – 75012 PARIS or by e-mail to email@example.com. In compliance with this law, the collection and storage of personal data by SAPO IMPLANT has been declared to the CNIL (French data protection authority).
In application of the Law for Confidence in the Digital Economy of 21 June 2004, the personal data may be used by SAPO IMPLANT for commercial prospection purposes concerning services similar to those previously supplied free of charge or for payment. This data may be forwarded to third parties for commercial prospection related to the Client’s professional activities. He may oppose such use of the personal data concerning him at any time by writing by letter to SAPO IMPLANT: 6 rue Michel Chasles – 75012 PARIS or by e-mail to firstname.lastname@example.org.
3- USE OF THE SERVICES
3.1 The Client’s obligations
The Client agrees to comply with the applicable legal and statutory provisions and in particular not to use the Website and its services to transmit or communicate any illegal message, information or content of any nature and particularly content which is insulting, defamatory, abusive, violent, pornographic or discriminatory, or which may adversely affect the operation of the IT systems in any manner.
Similarly, the Client agrees to comply with the intellectual property rights of third parties and of SAPO IMPLANT regarding the Website’s appearance and content.
Finally, the Client agrees to comply with and ensure compliance with any secure access and more generally not to hinder or disrupt the access to and operation of the services proposed by SAPO IMPLANT and the corresponding technical resources.
3.2 The Client’s liability
The Client bears full liability for all use he makes of any services available via the Website, and more generally any use thereof made via his account.
In particular, the use of information, messages or data of any nature available via the Website’s services are considered the Client’s exclusive liability, and all decisions and actions taken or performed by the latter in consideration of these will be considered the liability of no party other than himself.
4 –REGISTRATION CONDITIONS AND PAYMENT TERMS AND METHODS
4.1 Registration conditions
The Website sells training services provided for Continuing Vocational Training purposes (course of five modules, advanced courses) and scientific conferences (continuum type) open to professionals.
The catalogue for the latter is accessible online: the educational programmes and resources, dates, locations and registration fees can be consulted on-screen.
For training mentioning practicals on fresh anatomical specimens, SAPO IMPLANT has an Annual Agreement with the Centre du Don des Corps (the Body Donation Centre) of Paris Descartes University.
The provision of specimens is subject to very strict regulations, modifications to which are totally outside SAPO IMPLANT’s control. If anatomical specimens cannot be supplied, SAPO IMPLANT agrees to provide the training using any technological resources providing a substitute for this. In this case, SAPO IMPLANT may not be considered liable in the absence of fresh anatomical specimens.
The prices are shown in euros, inclusive of VAT.
After logging in, the Client should confirm his registration. He is invited to check this if necessary and then to confirm it and to accept these general terms of sale (GTS). A form in PDF format is then generated and sent by e-mail to the Client. Registration is then firm and binding, and constitutes a contract between the Client and SAPO IMPLANT. The form thus generated includes a list of additional documents to be supplied in order for the final registration to be accepted. The Client signs the generated form and sends all of the required documents to SAPO IMPLANT by post or e-mail.
SAPO IMPLANT reserves the right to cancel any registration by a Client with whom it has outstanding payment issues, with no possibility for the Client to claim any compensation of any form. SAPO IMPLANT also reserves the right to refuse any registration if a payment by bank card is declined by the banks or in the case of part payment.
4.2 Payment terms
The Client acknowledges and accepts that in as far as this is authorised by applicable law, SAPO IMPLANT may not be considered liable for any direct or consequential losses suffered by the user or a third party resulting from errors in (or a lack of) invoicing or payment for the services performed via the Website.
The proposed online payment methods are payment by means of a bank card or account registered with PayPal and/or payment by bank/postal cheque payable in euros.
According to the type of service (course comprising 5 modules, advanced course or conference) payment will be proposed in one or several instalments.
4.2.1 The Client’s registration for the 5-module course is paid for in one or five instalments.
Payment in a single instalment will be made by bank card online or by bank/postal cheque payable in euros, cashed immediately upon receipt.
Payment in instalments includes the payment of a down payment (30%) by bank card online or bank/postal cheque payable in euros, cashed immediately upon receipt then four bank/postal cheques payable in euros supplied during the first module and cashed respectively one month before modules 2, 3, 4 and 5 initially scheduled. If the Client finds himself faced with force majeure circumstances (please see Article 7) obliging him to postpone his participation in a subsequent module, payment is due on the initial participation date.
4.2.2 Payment for the Client’s registration for an advanced course or conference must be made in a single instalment.
Payment for the Client’s registration for an advanced course or conference must be made in a single instalment.
Payment is made by bank card online or by bank/postal cheque payable in euros cashed immediately upon receipt.
Some advanced courses/conferences propose a discounted “Sapist” price. The following are considered as “Sapists”:
–Practitioners having undertaken the Course,
–Practitioners having undertaken at least 3 advanced courses.
Where applicable, practitioners may be considered as “non-Sapists” where payment is concerned.
4.2.3 In the case of the first payment by bank card, the Client is invited to enter his bank card type, its number, security code and expiry date. The data is encrypted when transmitted, using the SSL protocol (Secure Socket Layer) guaranteeing the secure circulation of such information. At no time will the Client’s bank information transit via SAPO IMPLANT’s IT system.
After the payment has been approved, registration is then guaranteed, and the invoice is sent to the Client or issued to him in person during his participation. He is invited to send the documents required for his firm and final registration to SAPO IMPLANT by post or e-mail.
4.2.4 In the case of the first payment by bank/postal cheque payable in euros, the Client is invited to send this by post with his form along with the documents possibly required for his registration. The registration will then be confirmed by letter or e-mail upon receipt of the full application.
4.3 Cancelling and postponing registration
In the case of a cancelled registration,
– 3 months before the start of the service, SAPO IMPLANT will reimburse the Client for 100% of the sum paid,
– Between 3 months and 1 month before the start of the service, SAPO IMPLANT will reimburse the Client for 70% of the sum paid,
– Between 1 month before and the day before the service, SAPO IMPLANT will reimburse the Client for 50% of the sum paid,
– On the date of the service or during the course, no refund will be issued to the Client except in the force majeure circumstances listed in article 7.
If it is requested that registration be postponed for reasons of personal convenience, to a subsequent course, the cost of which is higher than that initially scheduled, the sums paid by the Client will be retained by SAPO IMPLANT as a down-payment toward the Client’s future participation in the reserved service and the price difference will be charged to the Client.
If, as a result of someone dropping out, their place becomes free, enabling the Client to bring his training forward to an earlier course, the price of which is lower than that initially scheduled, the Client will benefit from the price difference.
The computerised logs stored in SAPO IMPLANT’s IT systems under reasonable security conditions are considered as proof of the communications and payments made between the parties. The archiving of registration information and invoices is performed using a reliable and durable medium which may be produced as proof.
5- LIABILITY LIMITATIONS
SAPO IMPLANT is bound by a simple obligation of due diligence for the performance of this contract.
5.1 Available content
The content shown on the various webpages (excluding discussion groups) was created by SAPO IMPLANT. SAPO IMPLANT hereby declares that it is the sole owner of all copyright concerning the content it circulates: no transfer of copyright is granted.
Any infractions of the provisions of the Intellectual Property Code may result in legal proceedings against the offending parties.
The Client agrees to use this content in a lawful manner. SAPO IMPLANT may not be considered liable if the Client uses the information supplied in an illegal or non-compliant manner.
5.2 The Website’s services
SAPO IMPLANT agrees to make every effort to offer reliable services.
SAPO IMPLANT may not be considered liable for any breakdowns, interruptions in the services, the loss of data and more generally any loss or damage suffered, including by the Client’s computer, following the use of or the inability to use the services, or the unauthorised access to the services by another user or a third party. More generally, the Client accepts that in as far as the law allows, SAPO IMPLANT may not be considered liable for any losses whatsoever, whether direct or indirect, tangible or consequential, including any loss of profit or data, following the use of the services proposed by the Website or a visit to the Website.
In all cases, it is expressly accepted by the Client that if SAPO IMPLANT is found to be liable in any way, the financial reparations which may be payable to the Client may not exceed the cost of the service during which the loss was suffered. SAPO IMPLANT may not be considered liable for any technical incidents which may arise in networks over which it has no control (Internet, telecommunications, electricity, banking or other services).
5.3 Hypertext links
The Website, its partners or third parties may provide links to other websites and other resources available on the Internet. In as far as SAPO IMPLANT has no control over these sources, it may not be considered liable for any losses or damage of any nature resulting from the content of these external websites or sources, including the information, products or services they propose or any use which may be made of such content.
6- INTELLECTUAL PROPERTY RIGHTS
The Client agrees to comply with all of SAPO IMPLANT’s intellectual property rights or those of any third parties and in particular copyright pertaining to the presentation and content of the Website: drawings, designs, graphical features, photographs, images, text of any nature and clips (with or without animation or sound). The use which the Client may make of the content and of the services protected by intellectual property rights is naturally non-exclusive and strictly limited to his own personal use.
It is hereby stipulated that the usage granted to the Client under the terms of this agreement implies and includes no transfer to him of any nature of any intellectual property rights concerning the content used, whether this concerns the Website itself or its content. Except in the event of a special, separate agreement, all rights remain the exclusive property of SAPO IMPLANT.
Any total or partial representation of the Website and its content by any means, without SAPO IMPLANT’s prior express consent is prohibited and will be considered as constituting an act of infringement punishable under articles 335-2 and following of the Intellectual Property Code.
SAPO IMPLANT’s brands and trademarks shown on the Website are registered trademarks. Any total or partial reproduction of these trademarks without SAPO IMPLANT’s express consent is therefore prohibited.
7. FORCE MAJEURE
If, following the occurrence of a force majeure incident, SAPO IMPLANT is unable to supply its services or the Client cannot fulfil his obligations, the performance of this agreement is suspended for the time during which the party concerned is unable to meet its obligations. The obligations of this contract will then resume following the cessation of the effects of the aforementioned force majeure circumstances.
The parties agree that the following must be considered as force majeure circumstances, to the exclusion of any other event:
1. Wars, riots, revolutions, strikes or lock-outs at one of the parties’ sites, acts of piracy, the explosion of devices, or nuclear or radioactive effects, when such events have the effect of preventing one of the parties from reasonably fulfilling its obligations.
2. Natural disasters, pandemics, requisitions or legislative, regulatory or other measures which place restrictions on the profession exercised by one of the parties.
3. Any disruption to the telephone or Internet networks outside SAPO IMPLANT’s control.
4. More generally, any other unforeseen and unavoidable event outside the parties’ control.
The Client may not transfer all or part of the rights and obligations resulting from these conditions to a third party without having obtained SAPO IMPLANT’s express and prior consent.
9- CONTRACTUAL TERM & TERMINATION
This contract is concluded for an open-ended period as from the date of the confirmation issued by the Client or for the duration stated in the special conditions.
Any failure by the Client to comply with any of the clauses of this agreement will result in the immediate termination of the contract and an accompanying ban on using the services of the SAPO IMPLANT website, following a simple notification by SAPO IMPLANT to the Client to this effect, sent by e-mail or registered letter with acknowledgement of receipt.
10- JURISDICTION AND APPLICABLE LAW
These general conditions are subject to French law.
Any dispute which cannot be resolved amicably will be heard by the Tribunal de Commerce (Commercial Court) of Paris.