InTeach publishes and makes available a micro-learning application available on mobile and web-app.
They are concluded between InTeach and You.
It is understood that this latter contract may provide for terms which derogate from these T & Cs.
In the rest of these T & Cs and any other contractual document attached thereto, the terms the first letter of which appears in capital letters will have the following meaning in the singular and plural:
- "Application": the InTeach application, published by InTeach. It can be used on various mobile terminals or via a web-app accessible at the following address: XX.
- "Account": Your account on the Application, accessible by Your username as well as Your password, and containing Your personal information as well as Your history.
- "Terms": these general conditions of use, accessible within the Application.
- "Content": the content (s) that You integrate into the Application, under Your own responsibility, so that they are offered to other users.
- "Personal Data": personal data collected and processed by InTeach.
- "InTeach": LA FACTORIA, a simplified joint-stock company, with a capital of 124,500 euros, with its registered office at 29 Quai Saint-Vincent, 69001 - LYON (France), registered in the Trade and Companies Register of LYON under the number 790806905, represented by Mr. Pascal MERME, President.
- "Party": InTeach and / or You, taken individually and / or collectively.
- "You": you, user of the Application. "Your" and "Your" also refer to "You".
2. Acceptance and modification of the T & Cs
2.1. Framework of the CGU
The T & Cs apply to Your use of the Application.
InTeach reserves the right to modify the T & Cs at any time by notifying You by email or notification of Your next connection to the Application.
You will have to accept the modified T & Cs to be able to continue using the Application.
Otherwise, You will no longer be able to use the Application. You can also delete Your Account.
The T & Cs applicable to the Application are the last ones that You have accepted.
The T & Cs are applicable for the entire period of use of the Application by You, from their date of acceptance.
2.2. Acceptance of the T & Cs
To register for the Application, You must read and accept the T & Cs.
This acceptance will be expressed by validating the acceptance button of the CGU during registration within the Application.
2.3. Legal capacity
To register for the Application, You must be of legal age.
If You register as a legal person, You must be legally registered in Your country of origin. In this case, "You" will refer to the legal person.
If InTeach is informed that You do not have the legal capacity, your Account may be deleted without InTeach taking responsibility.
2.4. End of supply of the Application
InTeach may stop providing the Application at any time. Your Account will then be deleted, without InTeach taking responsibility.
The Application allows you to:
- Consult and follow the courses offered within the Application,
- Track your progress within the Application,
- Play alone or with other users via a duel and badge system,
- Discuss with other users via a discussion thread,
- Be notified of new courses offered within the Application,
- If you have back office access:
- Invite users (send invitation emails),
- Monitor learning users and see the usage data collected, this information being provided for information only,
- Create training content under your own responsibility,
- Schedule the dissemination of Content,
- Send push notifications to learners,
- Manage them through groups of learners.
The Application is provided by InTeach, under an obligation of means.
The content integrated into the Application by You is under Your responsibility.
4. Installation of the Application
You install the Application on Your own equipment or view it in web-app format.
You must have internet access.
You are responsible for ensuring that Your equipment is in good working condition and meets the requirements of the Application.
The application prerequisites are as follows (depending on the terminal used):
- Android 5.0 and up
- iOS 9 and +
- Firefox in its latest version
- Chrome in its latest version
- Safari in its latest version
- Chrome Android 5.0 and +
- Mobile Safari (iOS 9+)
You bear the full cost of equipment (equipment, access to a telephone line and internet, etc.) in order to have the prerequisites for operating the Application. InTeach only undertakes to provide the Application and not the equipment necessary for its operation, which You accept.
InTeach will not be responsible if Your equipment does not allow the Application to operate.
InTeach does not provide installation or use assistance or warranty.
5. Content and exchanges
The Application allows you to upload Content and exchange messages with other users.
The Content can be integrated into the Application by the Application back-office, using an Account with administrator access.
You authorize InTeach to reproduce and distribute the Content within the Application, and to make them available to other users belonging to the same customer account. This authorization is given for use within the Application, free of charge, worldwide, in a non-exclusive and non-transferable manner, and for the duration of protection by intellectual property rights.
Consequently, You agree to comply with basic courtesy rules.
You are responsible for all comments made, and Content posted online, within the Application. InTeach does not carry out any prior check on these elements.
The following comments and Content are notably prohibited within the Application: illegal, liable to criminal sanction, contrary to the regulations in force in France, contrary to public decency, contrary to public order, liable to offend other persons (without being limited to: pornography, pedophilia, obscenities, incitement to racial / religious / sexual / ethnic hatred, defamation, discrimination, hatred, injuries, insults, aggression, contempt, harassment, "trolling", bashing, violence, negation crimes against humanity, call to murder and / or violence, revisionism, anti-Semitism, apology for war crimes or against humanity, pimping, invasion of privacy, political statement, incitement to commit a offense), including contact details, remarks infringing the rights of third parties, in particular in the event of copyright infringement, brand, designs / models, patents, databases, privacy, competition unfair and / or parasitic, infringement of the right to the image, the right to privacy, to personal data, or inaccurate or misleading.
InTeach can thus moderate (modify or delete) any matter, Content and exchange within the Application, in a discretionary manner.
You can report a comment, Content or exchange that does not comply with these T & Cs to InTeach, either via the tool for this purpose within the Application, or by contacting InTeach by email.
Failure to comply with the T & Cs may result in the immediate removal of the Account.
You can contact InTeach at the following address: [email protected]
7. Obligations of the Parties
7.1. InTeach's obligations
InTeach will only make its best efforts to ensure that the Application works in accordance with its specifications, without taking on any obligation of result.
InTeach does not undertake to:
- Any obligation of result in the context of the provision of the Application.
- That the Application is free of bugs or is permanently available.
- The relevance of the trend sheets provided within the Application.
- Any frequency of maintenance or update of the Application.
- Any quality of service for the Application.
- Any level of service and availability for the Application.
- Any duration of support for the Application.
InTeach will only make its best efforts to ensure that the Application is operational in a secure manner, under an obligation of means. InTeach does not however guarantee absolute security of the Application.
InTeach may suspend, modify or withdraw the Application and cease its support at any time, without notice or notification, without its liability being engaged.
7.2. Your obligations
You can use the Application in accordance with these T & Cs, to the exclusion of all other rights.
You must comply with these T & Cs when using the Application.
You must have an Account to use the Application.
You can only create one Account.
The permissions of Your Account may vary according to Your functions: access for simple consultation or access to the back office.
8.2. Username and password
You will create an Account when You register for the Application, following the invitation issued by Your supplier of the InTeach solution.
You will create a username and password.
You must make sure that the password is strong enough and secure.
This Account will be used to use the Application.
InTeach will not be responsible in the event of access to the Account by a third party, by a brute force attack.
8.3. Use of Account
You are responsible for the security and use of your Account ID and password.
You must keep them confidential.
In this regard, You have the option of logging out at the end of each session.
You must in particular ensure that these are used in accordance with these Terms.
InTeach will not be responsible for any unauthorized use of the Account by a third party, and will not be responsible for any damage caused by such use.
If You realize that Your Account is compromised or used without authorization, in the event of loss, theft or accidental disclosure of username and password or any other security breach linked to the Account, You must inform InTeach as soon as possible deadlines at the following address: [email protected]
The procedure for creating a new password will then be implemented.
InTeach will not be responsible if You are unable to access the Application.
InTeach can however, at any time, close the Account without having to notify You, in the event of violation of the stipulations of these T & Cs, without any compensation being able to be requested by You. InTeach cannot be held responsible for this.
You agree not to act in the following manner, without this list being exhaustive:
- Act in a way that could compromise the functioning of the Application.
- Reproduce the Application, in any way, by any means and in any form,
- Attempt to access a Third Party Account,
- Attempt to access servers (outside normal use of the service) or computers on the InTeach network,
- Attempt to upload viruses, Trojans, or any other invasive or illegal program to InTeach servers,
- Extract data or computer code from the Application without prior written authorization from InTeach, in particular adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode all or part of the Application.
- Use the Application in an illegal manner or in violation of these T & Cs or any applicable law.
8.5. Link to third party sites
The Application may contain links to third-party sites as well as articles, photographs, texts, graphics, images, design elements, music tracks, sound files, video sequences, information, applications, software and other content or elements belonging to or from third parties.
- Third party sites or content owned by a third party are not under the control of InTeach,
- InTeach does not guarantee the accuracy, relevance or completeness of third party sites or content owned by a third party,
- InTeach is not responsible for the content, accuracy, offensive nature, opinions, reliability, privacy practices and other practices of third party sites or content owned by a third party,
- Access to third party sites or use of content belonging to a third party is at your own risk.
InTeach cannot in any way be held responsible for any damage, direct or indirect, which could be caused by third party sites.
8.6. Account data
You agree to provide real and up-to-date information on Your Account, which is used within the Application.
Your account. In this case, Your Personal Data will be deleted by InTeach, unless these are necessary for the fulfillment of its legal and regulatory obligations by InTeach, or if they have been anonymized.
9. Intellectual property
The Application, as well as any element of InTeach, including texts, images, videos, domain names, brands, drawings, models, patents, software, databases, are:
- owned by InTeach, or;
- where applicable, the property of a third party that has provided a license to use InTeach.
These items are protected worldwide.
These Terms do not grant You any intellectual property rights. You may not reproduce, represent, adapt, use or extract any of these elements, in whole or in part, without the prior written consent of InTeach.
InTeach authorizes You to install and use the Application on Your hardware, worldwide, for the duration of installation of the Application, and only for the execution of the Application. You can access and use Your Account under the same conditions. The Application can be offered free of charge for personal use but in this case only includes consultation of standard courses.
For any other use, You are invited to contact InTeach.
No other use of the Application is authorized.
Any partial or total reproduction of these elements may constitute an infringement. InTeach reserves the right to exercise any action that may be necessary to assert its rights and repair its damage.
10. Personal Data
Providing the Application implies the collection of Personal Data by InTeach, in a manner that complies with applicable laws and regulations.
You are fully aware that Personal Data that You submit directly or indirectly to InTeach will be subject to automated processing.
The responsibility of InTeach is strictly limited to the provision of technical supply of the Application, and to its proper functioning, under an obligation of means.
The information and Content appearing within the Application are for informational purposes only, without obligation of result.
You must carry out the usual checks before any use of this information.
Any Content that You put online is under your own responsibility, and You commit Your responsibility towards third parties in this regard. InTeach will not be responsible for this.
InTeach does not provide any other service.
InTeach does not accept responsibility for the provision, availability, maintenance and use of the Application. No express or implicit guarantee is provided with regard to the quality of the Application, the information and Contents which appear there, and their adequacy to Your needs.
You are informed that the use of the Application is carried out under Your own responsibility.
In all cases, only direct damage will be liable for the liability of InTeach. No indirect damage is likely to engage the responsibility of InTeach.
This limitation of liability concerns all types of indirect damage, including but not limited to operating losses, loss of turnover, loss of orders, loss of profit, loss of data or other information, loss of clientele, expected loss of savings, damage to image and reputation, loss of opportunity.
InTeach will also not be liable for damage caused by malware, viruses or any inaccuracy or omission of information, unless the damage results from a deliberate act or gross negligence on the part of InTeach .
12. General clauses
12.1. Compliance with legislation
InTeach provides the Application in compliance with French regulations.
You must be aware of local and national laws to ensure that You can use the Application.
12.2. Entire agreement
These T & Cs prevail over any other stipulation potentially applicable to the relationship between InTeach and You. These T & Cs cancel and replace any prior commitment by the Parties relating to the subject matter and constitute the entire agreement between the Parties with regard to the subject matter herein.
No exclusivity is concluded between the Parties by the acceptance of these T & Cs. The Parties remain free to contract with third parties of their choice.
12.4. Survival of certain stipulations
The end of these T & Cs, for whatever reason, cannot be deemed to be a term for clauses whose nature or content requires their maintenance.
12.5. Partial invalidity
If one or more stipulations of these T & Cs are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, they will be deemed unwritten on other stipulations will keep their full force and scope.
12.6. Non-waiver and tolerance
The fact that InTeach does not claim from You a breach of any of the obligations referred to in these T & Cs cannot be interpreted for the future as a waiver of the obligation in question and has not not to grant You acquired rights.
A defect or delay in the exercise of a right by InTeach cannot be interpreted as a waiver of this right.
Neither Party can make a commitment in the name and / or on behalf of the other. In addition, each Party remains solely responsible for its actions, allegations, commitments, service, products and personnel.
The Parties accept that all electronic communications, in particular e-mail, will be evidence between them.
You recognize in particular the proof value of the automatic recording systems of InTeach, and in particular of the Application, except for You to provide proof to the contrary, You renounce to dispute them in the event of litigation.
12.9. Force majeure
In the context of the execution of these T & Cs, InTeach will not be held responsible if the service no longer works due to any event of force majeure.
For the purposes of these T & Cs, force majeure is understood as any unpredictable, irresistible event external to the Parties within the meaning of French law and jurisprudence.
In the event of a force majeure, InTeach will make its best efforts to allow the operation of the Application.
If the force majeure remains, InTeach may end the supply of the Application, without notice and without incurring its liability.
Any dispute relating to the execution or interpretation of these T & Cs, not resolved amicably between the Parties, will be submitted to the competent court of InTeach headquarters, including in summary proceedings, a call in warranty or of a plurality of defendants, and whatever Your country of origin.