General terms and conditions of use for the Solerni service

Updated 14th March 2017

INTRODUCTION

These general terms and conditions of use aim to define the methods and terms under which NEXT.COM (hereafter "NEXT.COM"), registered with the Paris Companies Register under number 508 540 010, with head offices at 78 rue Olivier de Serres, 75 015 Paris provides users with the "Solerni" service (hereafter the "Service").

The Service is available from the website (https://www.solerni.com) which proposes direct access to a complete solution for the creation and hosting of MOOCs dedicated to social learning, and also allows Users to belong to a community of Internet users who participate in MOOCs or any other form of online collaboration system, particularly for a French-speaking audience.

Some features of the service are available without registration but to fully use the Service, and its advanced features in particular, the User must register to become a Member.

The Service is open to any adult or child with parental consent who wishes to use the Service for their own purposes and solely for personal, non-commercial use.

Access and use of the Service are subject to these General Terms and Conditions of Use which the User expressly accepts when registering for the Service.


ARTICLE 1 - DEFINITIONS

In these general terms and conditions of use, unless otherwise specified, the following terms have the meaning given to them in this article :

Account: a space created by the User to become a Member and to use all the Service functions. The following is saved by the Member in this account: their personal information, and information on their training.

Member: any natural person who has registered with the Service, for personal purposes, and who has an Account which gives them access to the Service's advanced functions.

The Member accesses their Account by using Credentials.

Credentials: the user name and password chosen by the User when they create an Account. These credentials are strictly personal and confidential.

Service: all functions of the "Solerni" electronic communication service.

User: any natural person who accesses the Service, whether or not they are a Member.


ARTICLE 2 - PURPOSE

The purpose of these general terms and conditions of use is to define the terms under which the Service is made available to Users and how Users should use the Service.


ARTICLE 3 - ACCESS TO THE SERVICE

3.1 Technical prerequisites

The use of the Service requires the User to have a compatible device, access to the Internet and potential updates. As a result, the possibility of the User being able to access the Service depends on the performance of each of these elements.

The User recognises and accepts that they must have all of the equipment described above. In the same way, the User recognises and accepts that possessing this equipment does not guarantee access to the Service.

In order to benefit from this Service, the User must have access to the Internet from their device and they must verify that they hold an offer to allow access and, if necessary, they must be aware of the payment methods for use of the Service. Next.com cannot be held responsible, under any circumstances, for any costs generated by use of the Service and billed by the User mobile telephone operator.

3.2 Service Activation

Use of the Service is proposed by Next.com for free.

To fully use the Service, and in particular its advanced functions, the User must register with the Service by creating an Account. To create their Account, the User must fill in an online registration form by completing the mandatory information.

Moreover, to validate their registration, the Member must read and accept these General Terms and Conditions of Use.

An email confirmation will then be sent to the Member at the email address indicated.

Once registered, the Member can access their Account and MOOCs or any other online collaboration system.

At any time, the Member can log out from the Service (via the log out button). When using the Service, the Member must enter their Credentials to log in to the Service, or they can consult the Service as a User.

If the User has ticked the "Remember Me" box, a cookie is placed in their browser so that they can be automatically identified without having to re-enter their Credentials.


ARTICLE 4 - DESCRIPTION OF THE SERVICE

4.1 Features offered to the User

The Service allows the User to access online courses or any other online collaboration proposed on the Service, to obtain badges, certificates or attestations and to receive information linked to the Service.

4.2 Functions reserved for Members

The Service allows the Member to access advanced functions, and in particular :

  • To discuss and exchange with other Members and teachers

  • To publish, update and share content

  • To participate in learning activities, one or several

  • To obtain validation of their learning via badges and/or certificates and/or attestations in accordance with their Service activity

Content will be put online on the Service. The Service reserves the right to delete any submissions which do not respect the following conditions :

  • Meticulous spelling and vocabulary

  • Correct and non-insulting language

  • Content with a direct link to the training

  • French-language content

  • Compliance with templates provided by the Service

  • Content for which the member has usage rights

Any content which openly promotes or slurs a product will also be deleted.

The Service does not tolerate content plagiarism or appropriation. Verification of the intellectual property rights of the Content is the responsibility of the Member and not that of Next.com.


ARTICLE 5 - SERVICE DURATION

Registration for the Service is valid for an unspecified period. It takes effect immediately after the creation of the Account.

In case of termination under the terms of article 11 of these general terms and conditions of use, access to the Service as well as the Member profile will be deleted within 7 days.


ARTICLE 6 - SERVICE COSTS

Registration and access to the Service is free (excluding connection and Internet access costs)

If there are changes to the access pricing terms for the Service or its functions, the User will be informed under the terms of article 7.


ARTICLE 7 - SERVICE CHANGES

Next.com reserves the right to upgrade the Service, notably by providing new functions or by modifying and/or eliminating certain functions.

If there are major changes to the Service, Next.com will inform the User by e-mail and/or through information published on the www.solerni.org website.

The User will have the choice to stop using the Service or to continue to use the Service in accordance with the new applicable general terms and conditions of use.


ARTICLE 8 - USER COMMITMENTS

The User agrees to use the Service in accordance with defined use and is invited to exercise good judgement and caution relating to the information that they access through the Service. The User is informed that their use of the Service is their sole responsibility and that any misappropriation of the Service is forbidden, in particular selling of the Service.

In particular, the User agrees to choose a nickname which must not (a) infringe any copyright, trademark or any other rights of others, (b) violate the private life or other right of a person, (c) impersonate the identity of another person or another User (d) affect public order or morality or any other applicable legal provision.

The User also agrees that the information given at the time of registration is reliable, true and constantly updated. If the Member provides false, incorrect or incomplete information, Next.com has the right to terminate the Account as soon as they are aware.

The User has sole responsibility for the use of their Credentials which allow them access to the Service, and therefore must ensure confidentiality. Next.com cannot be held liable for any consequences that could arise from any disclosure of these credentials to a third party, even if accidental.

n all cases, the User will refrain from attempting to mislead third parties by impersonating the name or business name of other people or entities and, in particular, pretending to be a Company employee.

The User is forbidden from using the Service or any other technologies to disrupt, reduce and/or prevent normal operation.

If the rules above are not respected, and more generally all of the General Terms and Conditions of Use, Next.com reserves the right to delete the Member's Account without justification and to block their access to the Service. Any termination by Next.com will be notified by email sent to the User's email address.

The User has sole responsibility for any harm caused by themselves, or to the employees of the Company or to third parties through its use of the Service.

The User is forbidden from circulating any virus, or any computer file or other data or malicious program which could contain a virus, a Trojan horse or a worm which could damage or interfere with the proper operation of the Service. The User is forbidden from transmitting or receiving elements or data of any kind that might contravene any prevailing laws or regulations, of a threatening, shocking, defamatory nature, or which might breach personal or property rights. The User is forbidden from transmitting any non-solicited or unauthorised advertising through the Service, and in particular sending "spam" or "junk mail", as well as anything that could harm third parties.

The User also declares that they accept the characteristics and limits of the Internet and, particularly, acknowledges that they are fully aware of the nature of the Internet, and specifically of its technical performance and response times for consulting, viewing or transferring information and that Next.com cannot be held liable in this regard.


ARTICLE 9 - NEXT COMMITMENTS

Under no circumstances can Next.com be held liable for problems due to the operation of the Internet.

Next.com cannot be held liable if the User receives a virus, Trojan horse or worm from the Service.

Next.com is responsible for implementation of the resources necessary for smooth operation of the Service and will take the necessary measures to maintain the continuity and high quality of this Service. Nevertheless, the Service could be unavailable or interrupted particularly during maintenance or updates.

Next.com cannot be held liable for any use of the Service by the User which contravenes these General Terms and Conditions of Use or French regulations, and in particular use which is fraudulent, identity theft, harassment, verbal abuse or harm whether it affects a person or their rights.

Next.com cannot be held liable for any damages caused by force majeure or a third party.

Next.com may under no circumstances be required to repair any indirect damage suffered by the User when using the Service. Indirect damages are those which are not caused exclusively and directly by a failure in Next.com services.


ARTICLE 10. SUSPENSION - TERMINATION

10.1 Suspension or termination by the Company

Next.com reserves the right to suspend or terminate the Service at any time and for any reason. In the event of suspension or termination of the Service, the User will be warned by an information screen when logging on to the Service.

In addition, Next.com reserves the right to suspend or close a Member Account, without compensation, in the following cases:

  • use of the Service by a Member which violates these General Terms and Conditions of Use, or more generally any illicit use of the Service,

  • an instance of hacking or attempt to make illicit use of the information circulating on the network, stemming from the Member's account or through logging in with their devices;

  • commercialisation of the Service in any form whatsoever by the User to one or more third parties or improper use of the Service;

  • circulating any virus, or any computer file or other data or malicious program which could contain a virus, a Trojan horse or a worm which could damage or interfere with the proper operation of the Service.

Moreover, Next.com can suspend the Account due to imperative security reasons in case of attack or attempted attack on the integrity and/or the security of the Account or the Service.

10.2 Termination by Next.com

After a notice period of 8 days, Next.com can suspend the Account of a Member for one of the reasons listed in article 11.1 if the reason for this suspension has not ended during this notice period, unless it agrees an additional good faith period with the Member to meet their obligations, in which case the termination will take place once this period has passed.

10.3 Termination by the Member

The Member can request termination of their Account due to a breach in contractual obligations on the part of Next.com.

10.4 Termination of Account due to a change in Service supply conditions

In the circumstances mentioned above in article 7, a Member can terminate their Account when notified by Next.com of a change to Service supply conditions under the terms listed in article 12.


ARTICLE 12 - TRANSFERABILITY

It is forbidden for a Member to transfer any of the rights or obligations from these General Terms and Conditions of Use to a third party.


ARTICLE 13 - USER DATA

13.1 Personal Data

The Member is solely liable for the data communicated via the Service and declares that the data provided has been correctly and accurately input. The data collected within the framework of the Service is processed and used by Next.com for provision of the Service and to send the Member information emails.

In accordance with law 78-17 of 6th January 1978, the handling of personal data that is collected and used by Next.com for the Service is declared to CNIL in accordance with legal provisions. In addition, the Member can access their personal data that is held by Next.com at any time, and request changes or deletion by contacting: contact@solerni.com

The User can also unsubscribe from the Next.com newsletter about the Service. Next.com holds and keeps Member identification data in accordance with current regulations. Next.com may be led to communicate information concerning the Member in the context of a court order. During the period of use of the Service and as elements of proof, data concerning the Member and use of the Service is retained and archived confidentially by Next.com in accordance with legal provisions.

13.2 - Service usage data

Within the scope of the Service, Next.com may handle data relating to Member registration to a course or any other action in an anonymous manner, which helps ensure the best possible user experience to improve the Service.


ARTICLE 14 - INTELLECTUAL PROPERTY

14.1 User rights

Under these General Terms and Conditions of Use, Next.com awards the User a non-exclusive, non-transferable, removable usage right for the Service interface and software applications for the period of validity of their Account, which is valid throughout the world and cannot be sub-licensed.

This authorisation is subject to compliance with these General Terms and Conditions of Use.

The User must not :

a. use, copy, modify or distribute the Service interface or software applications, except if expressly authorised by these General Terms and Conditions of Use;

b. disassemble, decompile or translate the Service interface or software applications, except if expressly authorised by applicable laws or regulations;

c. sub-licence or concede the interface or software applications made available through the Service.

14.2 Company rights and property

Next.com remains owner of its Service, software, corporate identity, brands, logos, concepts, technology and associated databases.

The User recognises that they have no intellectual property right over these elements which belong to Next.com and the Orange group. It is forbidden to use them other than within the use of the Service in accordance with these General Terms and Conditions of Use.

Any improvements, updates, derived products, or changes which are carried out, created or developed by Next.com for the Service are and will remain the property of Next.com, and the User recognises and expressly accepts that any contribution, in the form of services, suggestions, ideas, reports, identification of faults, expenses or any other contribution by the User does not give or award any right, title or interest in any of the Service components or elements.

Each Party defends their own rights at their own risk and costs. However, each of the Parties agrees to give the other assistance where necessary or useful when defending their rights.


ARTICLE 16 - MISCELLANEOUS PROVISIONS

If one or several provisions of these General Terms and Conditions of Use are null or void or declared as such by the application of a law or regulation or subsequent to a final ruling by a court with appropriate jurisdiction, the other provisions will continue to apply in full.

The provisions declared null and void will then be replaced with provisions as close as possible to the content of the provisions initially made.

The parties will not be held liable or considered to have failed to comply with these General Terms and Conditions of Use for any delay or non-execution when the cause of the delay or non-execution is linked to a case of force majeure as defined by French court jurisprudence.

Any complaint or dispute relative to the Service must be sent by e-mail to the following address:


ARTICLE 17 - APPLICABLE LAW

These General Terms and Conditions of Use are governed by French law.

Updated 14th March 2017



Solerni personal data charter

Updated 14th March 2017

1. Purpose

Next.com protects the private life of its users in accordance with current legislation. Next.com therefore declares the collection and handling of your personal data to CNIL. This charter demonstrates Next.com's commitment in relation to your private life and the protection of your personal data, which is collected and handled when you use our website, in accordance with the terms listed in the General Terms and Conditions of Use. Furthermore, we could be required to update our charter in accordance with changes to our service and your rights. Any update will be shown in a clear manner on this page.

2. Data

By "Data", Next.com includes all information relating to you that you provide voluntarily when opening a user account on our website ("Account") or that will be collected when you use our website. Data includes both "Registration Data" and "Usage Data" as listed below:

- Registration Data that you provide when you register with our website via the registration form, including your user name, surname, first name and a valid e-mail address. This Registration Data is not public. However, you can choose to make some of this Data public via your "Profile" page, and this is your responsibility. As a contributor to our website, it is also your responsibility to ensure that the Data that identifies you is correct and complete.

- Usage Data is collected automatically when you log in to our website, such as your IP address (the address of your computer).

Please note that whether you register with our Website or not, the Website is likely to use an automatic tracking process (cookies or tags), which you can prevent by changing the settings on your Internet browser. Data collected through this automatic tracking process (i.e. pages visited, type of browser used, time and date of browsing) is anonymous and is only used to improve Site quality (for example, to improve your search results or to personalise the Service).

3. Data Handling Purposes

Data is only handled for the purposes listed below and more generally in accordance with current legislation applicable to online technical service providers.

Registration Data handling purposes :

    This data is necessary to create and manage your Account and so that you can benefit from our website's functions, and more particularly to place online, store and share documents as well as to comment and participate in training;

    We do not use your e-mail address or any other information which can personally identify you without your consent, except as part of a specific programme or role which you can activate or block. We can, however, use your e-mail address for non-commercial purposes (for example, to send an information letter) and we let you unsubscribe at any time.

Usage Data handling purposes :

    This data allows us to create statistics relating to visits to our website (for example, to analyse traffic on our website) or possibly to carry out regional access restrictions for some training in accordance with your country;

    This information can be used to improve the operation and improve the quality of our website.

4. Data Recipients

Aside from the anonymous data which cannot identify you, as stated in article 2, your Data is solely received by Next.com. Your Data is not sent to third parties. Nevertheless, in order to access some training, some MOOC partners could base your registration on the communication of your data to this particular partner. You are always informed if it could be disclosed in accordance with law, regulation or following a court or regulatory authority ruling.

5. Data Security

Next.com takes Data security very seriously and has implemented all appropriate measures to restrict loss, damage or improper use of data. We will therefore ask you to provide a password when you open an Account, which will help protect your Account against unauthorised access. You are responsible for keeping your password and its use safe.

6. Data Storage

Data is stored on Next.com servers and is kept for the duration necessary for the use of your Account. However, please be aware that when your Account is deactivated for any reason, Data as well as associated content (e.g. training, description, comments, etc...), hereafter, the "Content", is kept for one year after your Account is deactivated. After this period, the Data as well as the Content will be deleted from our servers and your user name will become available for users who wish to register for our website.

7. Your rights

Next.com informs you that you have the right to access, rectify and delete your data in accordance with current regulations. You can access and modify information associated with your Profile at any time online. On the "Profile" page of your Account, you just need to click the "My Profile" button. You can also exercise your right to access, modify or delete your data by letter by sending us a request via the Contact facility or to the following address: Next.com / ORANGE 78 rue Olivier de Serres, 75 015 Paris, attaching an ID copy.


Cookies

What are Cookies ?

A cookie is a text file saved on your computer by your Internet browser. Cookies are used to provide a number of essential functions associated with Internet sites. In particular, cookies are used to save information about browsing on the site (date/time of consultation, page consultants, click date and time, click location, etc.).

Why Cookies ?

Many cookies are used to deliver essential functions of the solerni Internet site. Th Cookies help Next.com understand how the Internet site is actually used by Visitors, and thus give insight as to how the site might be improved. To this end, we uses tools to analyze site traffic. Cookies also help Next.com identify any sections on its Internet site which are not working correctly; thus, the necessary remedial steps can be carried out.

In addition, we use certain Piwik cookies in order to establish audience statistics of the solerni interne site.

Managing cookies

Most Internet browsers allow the user to manage Cookies. You can opt to accept or refuse all Cookies, or just some types of Cookies.

Accepting cookies

By using the Internet site solerni, you agree that Next.com can set Cookies in the operating system of the online device.

Refusing Cookies

We hereby informs Visitors that they can prevent Cookies from being saved, as follows :

  • Microsoft Internet Explorer
    1. Go to the “Tools” menu, and then “Internet Options”
    2. Click the “Confidentiality”. Move the slider to the desired level
  • Mozilla Firefox :
    1. Go to the “Tools” menu and then “Options”
    2. Click the “Privacy”. "Cookies” rubric"
  • Chrome :
    1. Go to the “Edit” menu and then “Preferences”
    2. Click the “Personal Data”. “Cookies” rubric
  • Safari :
    1. Go to the “Edit” menu and then “Preferences”"
    2. Click the “Personal Data”. “Cookies” rubric