TERMS OF SERVICE

Definitions

The terms below have the following meanings when used with capital letters in these General Terms of Service:

“CGS” refers to these General Terms of Service.

“42” refers to Association 42, a non-profit organization governed by the law of July 1, 1901, and the decree of August 16, 1901, with its registered office at 96 Boulevard Bessières – 75017 Paris, FRANCE.

“Candidate” refers to natural persons who have passed the entrance exams at 42.

“Student” refers to any person undergoing training at 42, regardless of their status.

“Company” refers to the host company (in the case of apprenticeship or vocational contract).

“Intranet” refers to the secure digital training environment of 42 made available to the Learner as part of the 42 curriculum.

“User” refers to persons accessing the Intranet through accounts created and managed by 42, after accepting the General Terms of Use of the Intranet.

“Trainee” refers to trainees in vocational training registered with Pôle Emploi undergoing training at 42 as part of their professional reintegration.

These CGS may be modified or updated by 42 at any time. The applicable CGS are those in effect on the day of the service.

Art. 1: Object and Scope

Any registration with 42 implies full and unconditional acceptance of the CGS by the Candidate. However, certain contractual clauses may deviate from these and prevail in the event of prior written acceptance by 42. These CGS apply to students, regardless of their status, namely:

• Candidate: the status of the person taking online games;
• Pisciners: the status of the candidate taking the pool tests;
• 42: the status of the student who has successfully completed the “transcendence” project and completed the core curriculum;
• Trainee: Trainee in vocational training (Pôle Emploi).

Art. 2: Training

Art. 2.1: Continuing Education, Vocational Training, and Initial Training.

42 offers in its catalog training courses held in person at its premises. Each student is free to choose the session that suits them and their work pace.

Art. 2.2: Rates and Financial Conditions

The training provided by 42 is entirely free for Students, regardless of their status. No sale is therefore concluded between 42 and the Student in the execution of the services offered by 42.

However, certain programs offered by 42 may involve specific costs, which are never borne by the Students (regardless of their program) since 42 manages these costs within the framework of partnerships established with third parties.

Art. 2.3: Cancellation or Postponement of a Training Session

42 reserves the right to cancel or postpone a training session no later than 7 (seven) days before the start date of the session, without compensation.

Art. 3: Use of the Digital Workspace (ENT)

As part of 42‘s environmental commitment, all documentation related to training is digital.
Art. 3.1: Use and Implementation of the “ENT” Service

42 authorizes Students to access a secure training environment (LMS: Learning Management System) in which they have access to an individualized training path management system, training modules, and assessments (“the Intranet”). User access to the Intranet is strictly personal and confidential. Users are prohibited from providing these access credentials to other individuals, whether Students or third parties, whether for free or for a fee. Users are responsible for managing and securing the access they have received and must report any compromise of their credentials and any unauthorized access to the Intranet to 42.

42 informs the Student that the elements accessible on the Intranet are used for the operation of the LMS and comply with current regulations, especially with regard to the protection of personal data.

Art. 3.2: Content

The Intranet allows 42 to offer its training services in a digital and secure manner, but also to benefit from connection reports, evaluations, and tracking of trainees in vocational training, in accordance with its legal obligations.

42 provides Students with a training system comprising training modules, evaluations, and monitoring, individually tailored to the needs of the Students. These contents may be subject to intellectual property rights. In this context, Students undertake to comply with the legal obligations that apply to them in this regard, in accordance with the provisions of the French Intellectual Property Code. Furthermore, certain modules may, for pedagogical reasons or even for international distribution or localization, contain written or spoken elements in foreign languages. The durations of the modules displayed are estimated durations that may vary depending on the Student’s progress rate.

Art. 3.3: Content Updates and Evolutions

42 updates its contents and training modules throughout the year. These may be modified, revamped, or even deleted without interrupting the curriculum or training process. 42 makes every effort to ensure the quality and updating of its content.

Art. 3.4: Technical Implementation of the “ENT” – Support

42 provides support services to Students, through the Intranet or its collaborative instant messaging: “Slack” and “Discord,” as well as through explanatory usage documents.

Students can also communicate via email with the administration and pedagogical team of 42 via the address contact@42lehavre.fr

Art. 4: Legal and Contractual Documents

In the case of apprenticeship or vocational training contracts, a training agreement/contract is established with the Student and with the Company.

42 grants Students access to all mandatory documents (Plans, Conditions, Regulations, etc.), which can be consulted on the website or on the Intranet.

Upon registration, Students are invited to read and accept without reservation the Internal Regulations of 42. Any violation of 42‘s Internal Regulations may result in sanctions against the Student.

At the end of the training, 42 issues a certificate of attendance upon request. Depending on the internships or programs, a 42 certificate (for qualifying programs) may be issued in compliance with the conditions for attribution or examination jury. The training is evaluated using the “peer-to-peer” learning method, which involves entrusting the evaluation of learning to the Students themselves to stimulate their collaboration and creativity.

Art. 5: Cancellation, Absence, and Registration Postponement

Any cancellation of registration with 42 must be reported by email to the address contact@42lehavre.fr or by postal mail or by any other means made available by 42. An acknowledgment of receipt will be sent by 42 to the Candidate as soon as possible.
Art. 5.1: Absences

42 monitors the attendance of Students throughout the training, both in person and remotely (when the health context justifies it) according to adapted modalities.

Failure to comply with their attendance obligations may result in Trainees/Apprentices losing their social benefits (loss of scholarships, allowances, or being placed in training abandonment, for apprentices, termination of the apprenticeship contract) without 42‘s responsibility being sought in this regard.

Art. 6: Intellectual Property

The contents, tools, methods, know-how, and all documents provided by 42 during training, internships, programs, or evaluation modules are the property of 42 and are eligible for protection under the French Intellectual Property Code.
The same applies to the name “42,” corresponding logos, slogans, domain names, and any other distinctive signs of 42 represented on 42‘s documents and websites/intranets or used/exploited by 42, which are the exclusive property of 42.

Students may not use them for commercial purposes without obtaining prior written authorization from 42.

Any reproduction, representation, modification, publication, transmission, alteration, in whole or in part, of training content, as well as any databases, if applicable, on the Intranet, is strictly prohibited, regardless of the method and medium used.

42 grants the Student a limited right to use the Intranet for the duration of the module or session and for exclusive, individual use. This right is non-transferable.

Any representation or reproduction, by any means whatsoever, not in compliance with current legislation would constitute an infringement punishable by the same law and the Penal Code.

The Student’s liability would be engaged if unauthorized use were made of these representations, methods, tools, know-how, software, interfaces, or training materials.

It is the Student’s responsibility to comply with all applicable regulations in this area.

Art. 7: Confidentiality

The Student and 42 undertake to disclose only the information they have personally received and for which the person who provided them has expressly authorized disclosure in writing. This information relates to economic, technical, educational, or commercial information, including all information contained in commercial and financial proposals transmitted by 42.
42 undertakes not to disclose to third parties other than its affiliated companies, partners, or suppliers, the information provided by the Student in the creation of training.

Art. 8: Personal Data

The services offered by 42 involve the implementation of a certain number of personal data processing activities concerning the Student.
For comprehensive information on this subject, the Student is invited to consult the Privacy Policy of 42.

For any questions regarding personal data processing carried out by 42, the Student can send their request to the following address: dpo@42.fr

Art. 9: Force Majeure

42 cannot in any case be held responsible for a failure to fulfill its contractual obligations caused by fortuitous events or force majeure events as recognized by legal provisions and French jurisprudence.
Events that are considered as force majeure or fortuitous events are events beyond the control of the parties, which they could not reasonably have foreseen, and which they could not reasonably have avoided or overcome, to the extent that their occurrence makes it completely impossible to perform the parties’ obligations.

Art. 10: Jurisdiction and Disputes

The place of residence is designated by 42 at its registered office.
French law applies.

The parties will endeavor to amicably resolve any dispute that may arise between them in connection with the interpretation, validity, or performance of the contract.

In the absence of an amicable agreement, the dispute will be submitted to the competent courts of Paris.

Last document update date: 09/02/2022