Terms and conditions

Semarchy (" the Organization ") is the designer and publisher of an open source software solution, released under a free license, allowing its users (" Users ") to be trained to our xDI & xDM Solution (the " Solution)

Semarchy provides Users with the Semarchy Academy platform (hereinafter the " Platform ") intended to sell training courses (the " Training Courses ") in remote format. Two types of Trainings are offered, the e-learning Trainings providing the User with online educational content (hereinafter the " E-learning Trainings ") and the Hybrid-Learning Trainings given by a trainer (hereinafter the " Live Trainings "). This Platform offers Users Trainings made by Semarchy’s Trainers in the form of videos.

The purchase of the Trainings in remote can also be made by purchase order (" Purchase Order "). The access to the remote trainings requires the creation of an account on the Platform. These trainings are about Semarchy S.A activities and its products or services. The trainee participating in the training (the " Trainee ") is chosen, if necessary, by his company (the " Company "). The objective is to offer the Trainee Training allowing him/her to acquire the knowledge necessary to develop with our " Solution ". Company thus acknowledges that all attestations of completion of Trainings delivered on the Platform are of an informal nature and that the certificates delivered do not have the value of official diplomas or professional certifications recognized by the State. The Trainings are intended for professionals within the meaning of the Consumer Code.

ARTICLE 1 - ACCEPTANCE AND MODIFICATION OF THE GENERAL CONDITIONS

The use of the Training services offered by the Organization is subject to these General Conditions (hereinafter the "General Conditions"). These Terms and Conditions are applicable to the User, if any, to the Company and to the Trainee, wishing to subscribe and participate in the Trainings organized by the Organization. Semarchy reserves the right to modify them at any time. The new version of the Terms and Conditions will be made available on the Platform and the Semarchy website. The User is invited to consult them regularly. The updated version of the Terms and Conditions replaces any previously applicable version. The User's full and unreserved acceptance of the General Terms and Conditions is deemed to be given when the User has checked the box "I accept the general terms and conditions" when creating his account and each time a Training is purchased.In the event that the Trainee is registered for the Training by his Company, the latter undertakes to ensure that the Trainee complies with these General Terms and Conditions.

ARTICLE 2 - ACCESSIBILITY OF THE PLATFORM

Semarchy will use its best efforts to make the Platform available 24 hours a day, 7 days a week, without interruption other than that required for the purposes of curative or evolutionary maintenance of the Platform or in case of force majeure. However, Semarchy does not provide any particular guarantee to the user as to the uninterrupted operation of the Platform. Semarchy does not commit to any result in terms of service levels, either in terms of intervention time or correction time. Semarchy will only bear in this respect an obligation of means.

ARTICLE 3 - USE OF THE PLATFORM

The purchase of and access to remote training requires the User to create an account by following the procedure indicated for this purpose. The creation of an account is free and without obligation to purchase. The User is solely responsible for maintaining the confidentiality of his identifiers, he is deemed to be the only one to hold and use them. Semarchy declines any responsibility in case of use of the Platform by a person other than the User or a person authorized by him/her, having his/her login and password. The purchased E-learning courses are only available online on the Platform. The content offered on the Platform cannot be downloaded and is not available offline. The User may unsubscribe at any time. Once unsubscribed, the User will no longer have access to the Trainings purchased in remote format. In the event that the User's account is deleted, the User will no longer have access to the purchased Trainings, the latter will not be subject to any refund.

ARTICLE 4 - TRAINING CATALOG

The User can consult the details of the proposed Trainings and the prerequisites in the description sheets. Semarchy is not required to advise the User on the suitability of a Training to his needs, which the User acknowledges and agrees. The User acknowledges and accepts that Semarchy does not make any commitment or give any guarantee regarding: the suitability of a Training to the needs of the User; the use without malfunction or anomaly of a Training in remote format this one being, as any computer application, likely to malfunction, anomalies, or errors.

ARTICLE 5 - PURCHASE OF TRAINING

5.1. Price of training courses. The price of a Training is the one mentioned on the day of payment. Prices may be displayed in several currencies and are exclusive of tax. Promotional offers may allow the User to benefit from reductions on the prices of the Trainings.

5.2. Means of payment. Any amount due and not paid shall automatically incur late payment interest at a rate equal to three times the legal interest rate, which shall begin to run the day after the due date specified on the Order Form. The Trainee may only access the Training ordered once payment has been made.

5.2.1 Purchase of online training. The User pays the price of the Training selected using the payment methods offered.

5.2.2. Purchase of training via Order Form. For the purchase of a Training by Purchase Order, the payment is made by bank transfer to the account of the company Semarchy (RIB attached of the Purchase Order/Quotation).The price of the Training is due upon signature of the Order Form by the Company under the conditions and within the deadlines detailed in the Order Form. Training purchased in the face-to-face format takes place at the date and place mentioned on the invoice or Order Form.

5.3. Payment verifications. Semarchy reserves the right to block a payment in order to proceed to verifications imposed by law. Rejection of payment, for whatever reason, automatically cancels the order, of which the Company and, if applicable, the Trainee will be informed.

5.4. Non-refund of the distance learning course. The payment made to follow an E-learning Training and/or a Hybrid-Learning Training, will not be refunded, unless the reason for the refund is due to failures on the exclusive part of Semarchy or the trainer as provided in Article 6.1.

ARTICLE 6 - CANCELLATION AND MODIFICATION BY THE TRAINING ORGANIZATION

6.1. Cancellation of the training. The Organization reserves the right to cancel or modify the date of the Training at the latest 1 calendar day before the beginning of the Training, in particular in case of insufficient number of registrations for the Training or in case of force majeure recognized by French law. In the event that the Organization decides, for any reason whatsoever, to modify the date of a Training session, the Organization will notify the Trainee of the modification by email. In the event of non-performance or partial performance of the Training session by the Training Organization, the latter will reimburse the Trainee (or the Company, where applicable) for any sums unduly paid as a result, in accordance with the provisions of article L.6354-1 of the French Labour Code.

6.2. Postponement of Training. The Organization reserves the right to postpone the Training. In this case, the Organization will contact the Trainee to agree on a new Training date. In case of unavailability of the Trainee on the new dates, the Trainee (or the Company if applicable) may request the reimbursement of the sums paid under the conditions detailed in article 6.1.

ARTICLE 7 - INTELLECTUAL PROPERTY

Semarchy owns the intellectual property rights in the Platform, including the software platform, the graphics on the platform, and the Training and content. Semarchy shall retain all right, title and interest in and to all intellectual property rights in and to the software, documentation and all materials of the open source software and the Platform (including trademarks, logos, domain names, copyrights) (" Intellectual Property Rights ") provided or made available to the User as part of the services provided by Semarchy, and for the sole purpose of this Agreement. As such, the User agrees not to use the Semarchy trademark in a domain name. The present Terms and Conditions do not entail any transfer of ownership in favor of the User. Therefore, it undertakes not to harm in any way the Intellectual Property Rights held by Semarchy.

ARTICLE 8 - INAPPROPRIATE BEHAVIOUR AND CONTENT

8.1. In accordance with its values, Semarchy makes its Platform available to trainers and Trainees only for legal purposes. Thus, it is required of each participant, whether a trainer or a Trainee, that he/she adopts an appropriate, correct and courteous behavior and that he/she respects all applicable legal provisions, of which he/she is deemed to have full knowledge.Similarly, in order to preserve the integrity and proper operation of the Platform, all participants, trainers and Trainees undertake to refrain from using the Platform in a way that would damage the functionalities, the security system or any other component of the Platform.

8.2. Semarchy reserves the right to remove Trainings due to its non-compliance with Semarchy values and/or applicable legislation. Semarchy also reserves the right to restrict access to the Training, with respect to some of its related features.

8.3. Accordingly, in case of non-compliance with these Terms and Conditions, Semarchy reserves the right to apply various sanctions ranging from a simple warning to the suspension of the use of the Platform.

ARTICLE 9 - ABSENCE OF RESPONSIBILITY OF SEMARCHY IN THE TRAINER - TRAINEE RELATIONSHIP

The Trainee and the trainers are solely responsible for the personal data they exchange during their interactions. Semarchy does not control in any way the exchanges between trainers and Trainees and, as a result, declines any responsibility in the event of a dispute arising.

ARTICLE 10 - PERSONAL DATA

10.1. Semarchy collects personal data about you in the context of this contractual relationship. This data is necessary to allow you to benefit from our training courses, to receive invoices, to be put in contact with our trainers.

10.2. In the context of the training provided by Semarchy, the Parties are considered as separate Data Processors. In the event that certain personal data is provided to one or other of the Parties to the Agreement, each of the Parties undertakes to process such data in accordance with the Regulations in force.

10.3 In the context of Training provided by a third party trainer, your data may be transferred to them in order to enable you to participate in the subscribed Training.

10.4. The personal data collected on the Platform is processed in accordance with our Privacy Policy Training which you can find on the Semarchy.com and/or via the following link: https://www.semarchy.com/terms-of-use/

ARTICLE 11 - INDEPENDENCE OF THE PARTIES

Semarchy and the User remain independent of each other. Nothing in these Terms and Conditions is intended or intended to create any partnership, agency, representation or subordination between the parties.

ARTICLE 12 - CLAIMS

Any claim relating to the participation of the Company or the Trainee in the Training must be sent by registered letter with acknowledgement of receipt to the following address Semarchy - Service Formations - 5 Av. René Cassin - 69009 Lyon, within 10 (ten) days following the Training. After this period, no claim will be considered.

ARTICLE 13 - APPLICABLE LAW AND JURISDICTION

The present General Conditions are exclusively governed by French law. Any dispute that may arise from the interpretation or execution of these General Terms and Conditions or that may be the result or consequence thereof, shall be submitted, prior to any judicial or arbitral proceedings, to mediation by a mediator seized at the request of the most diligent party. In case of failure of the mediation, the dispute will be submitted to the exclusive jurisdiction of the Commercial Court of Paris, notwithstanding plurality of parties or appeal in guarantee.

SECTION 14 - NON-WAIVER

The fact that either party has not required the application of one of the provisions of these General Conditions shall not be considered as a waiver of the said clause.

ARTICLE 15 - INTERPRETATION AND PARTIAL NULLITY

In case of difficulty of interpretation between any of the titles and the content of any article, the titles will be declared non-existent. If one or more stipulations of the present General Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final judicial decision, the other stipulations shall retain all their force and scope.