Terms of service

Other useful information

_______________________________________________

Definitions
____________________________________

Article 1. Registration to the service
_______________________________________________

Article 2. Information provided by you
_______________________________________________

Article 3. Intellectual property
_______________________________________________

Article 4. Service features
_______________________________________________

Article 5. Reporting – moderation a posteriori
_______________________________________________

Article 6. Protection of personal data
_______________________________________________

Article 7.Obligations of the users and charter of good behavior

_______________________________________________

Article 8. Responsability of THENEURON
_______________________________________________

Article 9. Interruption of service for maintenance or improvement
_______________________________________________

Article 10. Interruption of service for maintenance or improvement
_______________________________________________

Article 11. Force majeure
_______________________________________________

Article 12. Dispute Resolution
_______________________________________________

Updated from Monday, July 22, 2019

Definitions

The Parties agree and accept that the following terms used with a capital letter, in the singular and / or the plural, shall, within the framework of these General Terms of Use (GTU), have the meaning defined below:

          • „Contrat“ : means these Terms of Use and the Privacy Policy;
          • „Member“ : means either the Freemium Member or the Premium Member;
          •  „Freemium member“ means the member who has an account on our Platform to access the free features of our Platform;
          • „Premium member“ means the member who has an account on our Platform to access Premium Solo or Plus Services; 
          • „Plateform“ : a digital platform of the type Web site and / or mobile application allowing access to the Service and its use;
          • „User“ : means any person who uses the Platform, whether a Visitor or a Member; 
          • „Visitor“ refers to any person, user, browsing the Platform without creating an associated account.

These general conditions of use govern our relations with you, any person accessing the platform applicable during your use of the platform and, if you are a Member until you deactivate your account. If you do not agree with the terms of the TOS you are strongly advised not to use our Platform and our services.

By browsing the Platform, if you are a Visitor, you acknowledge having read and accepted all of these Terms and our Privacy Policy.

By creating an account by clicking on the button „Register“ or „Registration with an email“ to become a Member, you are invited to read and accept these Terms and the Protection Policy personal data, by ticking the box provided for this purpose.

We encourage you to read the Terms of Use and the Privacy Policy before you use our Platform for the first time and regularly during their updates. We may indeed have to modify the present UGC. If any changes are made, we will notify you by email or through our Platform so that you can review the changes before they take effect. If you continue to use our Platform after posting or sending notice of changes to these terms, you agree to the updates. The terms and conditions applicable to you will be those in force when you use the Platform.

Article 1: Registration for the service

1.1 Conditions of registration to the Platform

Some features of the Platform need to be registered and get an account. Before you can register on the Platform you must have read and accepted these Terms and the Privacy Policy.

You declare to have the capacity to accept the present general conditions of use, that is to say to be more than 16 years old and not to be the object of a measure of legal protection of the majors (put under safeguard of justice under guardianship or curatorship).

Before accessing our Platform, the consent of minors under 16 must be given by the person having parental authority.

Our Platform does not provide for the registration, collection or storage of information relating to anyone aged 13 or under.

1.2 Account Creation

You can create an account in two ways:

  • Either fill in manually, on our Platform, the mandatory fields on the registration form, using complete and accurate information. To register your account, you will need to submit to THENEURON some personal information such as your last name, first name and your email address. You will find the description of the treatment of your data in our Privacy Policy;
  • Either using an existing account (including via Google Plus or Facebook), using the function provided for this purpose. By using such a feature, we will have access, post on our Platform and retain some information from your Facebook or Google account. At any time, you can remove the link between your account on the THENEURON Platform and your Google Plus or Facebook account through your Google Plus or Facebook profile settings. If you would like to know more about the use of your data in your Facebook or Google account, please read our Privacy Policy and Facebook and Google.
  • You will then receive an email with a temporary password which you will then have to modify when you first login to our Platform.

When you create your account, regardless of the method chosen, you agree to provide true, accurate and complete personal information and to update it via your profile or by notifying THENEURON, to ensure its relevance and accuracy throughout your relationship with THENEURON.

In case of registration by email, you agree to keep secret the password chosen when creating your account and not to communicate it to anyone. In case of loss or disclosure of your password, you agree to inform THENEURON without delay. You are solely responsible for the use made of your account by a third party, as long as you have not expressly notified THENEURON of the loss, fraudulent use or disclosure of your password to a third party.

You agree not to create or use, under your own identity or that of a third party, other accounts than the one originally created. You may not allow others to use your account. You may not assign or, in any event, transfer your account to any other person or entity.

The information you provided during registration may be corrected during the registration process by returning to previous screens and correcting the incorrect information. You agree to abide by the applicable laws when using the Services, and you may use the Services only for lawful purposes. The content on the Platform must only be used for private use.

When choosing your password, you should not use a simple password (for example: 123456).

The username and password will be strictly personal and confidential and you will have to keep them and use them in a way that preserves their strict confidentiality.

The Member will only be authorized to access the Service using his username and password. Any use of the Platform by means of its login and password is deemed to have been made by the Member itself. In case of use by a third party of his username and password, the Member must immediately notify THENEURON by sending an email to the following address: info@theneuron.com.

The Member who lost his password will have to connect on the site of THENEURON and follow the procedure by clicking on the link „password forgotten“.

The Member is responsible for the use of the Platform and all actions carried out within the Platform with his username and password, unless the use of his account was made after unsubscription, or after notification to THENEURON abuse of his account.

The username and password will be strictly personal and confidential and you will have to keep them and use them in a way that preserves their strict confidentiality.

The Member will only be authorized to access the Service using his username and password. Any use of the Platform by means of its login and password is deemed to have been made by the Member itself. In case of use by a third party of his username and password, the Member must immediately notify THENEURON by sending an email to the following address: info@theneuron.com

The Member who lost his password will have to connect on the site of THENEURON and follow the procedure by clicking on the link „password forgotten“.

The Member is responsible for the use of the Platform and all actions carried out within the Platform with his username and password, unless the use of his account was made after unsubscription, or after notification to OpenClassrooms abuse of his account.

1.3. Conditions of access to the Platform

1.3.1 If you do not have a free Member account

If you have not created a Member account on our Platform, you can still access the Platform but you will not be able to benefit from all the features and you will not have a personal profile. Indeed some access will not be allowed, such as full access to courses published by our teaching team and quizzes at the end of the year. You will not have a personal account. These Terms are binding on you because they govern the conditions of use of the Service, you must read and accept them before continuing your navigation on the Platform.

1.3.2 If you already have a free member account – Service Freemium

THENEURON service that does not require payment is currently referred to as „Freemium Service“.

If you have created a free Member account you can access the Platform and some features of the Freemium Service. Following the creation of your account, you will be able to access your profile page where you fill in some mandatory and some optional information.

You can access all available courses but you will be limited to watching no video of classes and exercises. You also have access to quizzes at the end of class. However, since you have not taken a subscription course, we will not be able to issue a certificate for the course. Before using the Platform, you must carefully read these Terms of Use.

Article 2. Information provided by you

Each person warrants to THENEURON that the information he provides as to his identity and contact information as part of the Service is true, accurate, complete and up-to-date. You are solely responsible for the truthfulness and accuracy of this information. You agree to regularly update all information to maintain accuracy.

THENEURON will in no way be held responsible for any errors, omissions, inaccuracies that may be found in the information you have provided to us, nor for any loss that may result to other Users or third parties.

You are responsible for all activity on your account, and you agree to maintain the security and privacy of your username and password at all times. You can only have one account.

Article 3. Intellectual Property

3.1. Intellectual property pertaining to the Service, our Platform and the elements that compose them

With the exception of courses conducted by Users and / or by THENEURON Partners, all the technical, graphic, textual or other elements constituting the Service and / or our Platform (texts, graphics, software, multimedia files, photographs , images, videos, sounds, plans, graphic design, technology (s), source codes, names, brands, logos, visuals, databases, etc.) as well as our Platform and the Service themselves are the exclusive property of THENEURON.

The User acknowledges that no property is transmitted to him, and that no right or license is granted to him, apart from a right to use the Service in accordance with the present during the term of the Contract, and the rights to use the courses granted to it under the Creative Commons licenses referred to in Article 4.1.1 below.

Consequently, without the express and prior authorization of THENEURON and / or except Creative Commons license authorizing it, the User undertakes not to:

      • Integrate all or part of the content of the Service and / or our Platform into a third party site, for commercial or non-commercial purposes;
      • Integrate all or part of the content of the Service and / or our Platform into a third party site, for commercial purposes or not
      • Copy the courses present within the Service (with the exception of its own courses) and / or the technical, graphic, textual or other elements constituting the service and / or our Platform on supports of any nature allowing to reconstitute all or part original files.

Any use not expressly authorized of elements of the Service and / or our Platform engages the civil and / or criminal responsibility of its author and will be likely to lead to legal proceedings against him.

3.2. Intellectual property relating to the content published by the User within the Service

3.2.1. In exchange for the use of the Service, and regardless of the Creative Commons license to which the course is submitted otherwise, the Members grant THENEURON a worldwide, non-exclusive, transferable license that may give rise to the grant of a sublicense, conferring on THENEURON the right to copy, store, correct, adapt and disseminate all content (including courses, Projects and any other activity performed by Members within the Service) provided by the Member within the Service. This license is granted as and when the elements concerned are published, for the sole purpose of the proper functioning of the Service.

3.2.2. The above-mentioned Members guarantee that they have the intellectual property rights and the personality rights (and in particular the right to the image) necessary for the publication of the contents (including the courses) which they publish in within the Service.

They also guarantee that the content they publish within the Service does not contain anything that is contrary to the rights of third parties and to the laws in force, and in particular to the provisions relating to defamation, insult, privacy, right to the image, to the offense of morality or counterfeiting.

You thus guarantee THENEURON against any possible recourse by a third party regarding the publication of said content (including the courses) within the Service.

Article 4. Service features

4.1. Online courses

4.1.1. Any course published within the Service remains the property of its author.

Sauf mention contraire, chaque cours est soumis à l’une des quatre (4) licences Creative Commons suivantes :

  • Licence CC BY ;
  • Licence CC BY-SA ;
  • Licence CC BY-NC ;
  • Licence CC BY-NC-SA ;

The rights of use covered by each of these Creative Commons licenses are detailed on the following page.

The User agrees to read the license to which each course is subject and to respect the terms of use of the course covered by the license concerned. In particular, the User who wishes to reproduce all or part of a course must imperatively verify that the license to which it is submitted allows it.

4.2. Spaces for discussion

Members and Subscribers have the option of accessing discussion areas where they can consult, among other things, the threads of discussion between Members or between Subscribers, and exchange with them on a given question.

You agree not to broadcast private correspondence on public chat rooms and must use the private messaging service for this purpose.

When you publish a message, you must comply in particular with the provisions of Article 7.2 below and those of the „Code of Conduct„.

Members and Subscribers may view and post messages from other Members and Subscribers on public chat rooms, in accordance with Article 5 below.

Article 5. Post moderation reporting

Any Member or Subscriber has the opportunity to report to THENEURON any message or comment and more generally any content published within the Service that would be contrary to the Contract or otherwise unlawful, including insulting, abusive, defamatory, abusive, violent, obscene or pornographic, or including a provocation to discrimination or hatred based on race, religion, sex, or other, a provocation to crimes or offenses, or an apology for crime, or of a nature to infringe intellectual property rights or the rights of the personality of third parties, or to alter the functioning of the Service and / or our Platform, in any way whatsoever.

For this, you will have to contact OpenClassrooms, either by email at the address: info@openclassrooms.com, or by using the form available within the Service by clicking on the „Contact us“ tab, or by post to the address: THENEURON, Bessengue Street 7014 Douala, Cameroon, and proceed as follows:

      • Declining your identity ;
      • Describe the disputed content accurately and in detail and its location on our Platform;
      • Describe the factual and legal grounds for which the disputed content must be considered manifestly invalid and, consequently, removed from our Platform;
      • Send the copy of the correspondence that you have previously sent to the author of this content to ask for the modification or the withdrawal and / or the justification that you could not contact this author.

We reserve the right to remove any illegal or non-compliant content that has been previously reported. Any report clearly abusive may be sanctioned by THENEURON.

For more information on its obligations, you are invited to read the „Code of Good Conduct„.

Article 6. Protection of personal data

We pay special attention to the protection of your personal data. Here you will find a detailed description of the uses we make of your personal data and cookies and their purposes.

THENEURON expressly invites the User to consult his Privacy Policy which forms an integral part of these Terms.

Article 7. Obligations of Users and Charter of Good Conduct

7.1. User Obligations

As part of the use of the Platform, we ask you to commit to:

      • Guarantee the accuracy, integrity and legality of the information you provide on the Platform as to your identity and contact information;
      • Guarantee the proper use of the Platform;
      • Ne créer qu’un seul compte au sein de la Plateforme ;
      • S’abstenir de saisir des informations et/ou messages, commentaires et autres contenus malveillants, dénigrants,diffamatoires, injurieux, obscènes, pornographiques, violents, à caractère raciste, xénophobe, discriminatoire,volontairement trompeurs, illicites et/ou contraires à l’ordre public ou aux bonnes mœurs ;
      • Refrain from entering information and / or messages, comments and other content that is malicious, derogatory, defamatory, abusive, obscene, pornographic, violent, racist, xenophobic, discriminatory, willfully misleading, unlawful and / or contrary to the order public or morality;
      • Ne pas usurper la qualité, l’attribut ou l’identifiant d’un autre Utilisateur ou d’un tiers de nature à induireen erreur ou à créer une confusion quelconque quant à son identité, à la provenance des informations, contenus(cours, messages, commentaires, etc.) qu’il diffuse ou transmet au sein de la Plateforme ;
      • Do not usurp the quality, the attribute or the identifier of another User or a third party likely to mislead or to create any confusion as to his identity, the source of information, contents (courses, messages comments, etc.) that it disseminates or transmits within the Platform;
      • Do not attempt to gain unauthorized access to the Platform or associated systems or networks or to intercept data;
      • Use the Platform in compliance with applicable national and / or international laws and regulations.

In case of breach of any of these obligations, we reserve the right to temporarily or permanently suspend the account of the User.

 

7.2. Charter of Good Conduct

THENEURON is a community web site based on mutual help and sharing whose forums are open to all Members and Subscribers. Everyone is invited to participate, by creating an account on THENEURON and by respecting the basic rules of courtesy and the legislation in force.

The exchanges on THENEURON are moderated a posteriori, that is to say that no message will be re-read before its publication. The messages are published immediately, but are likely to be checked by the moderation team and the administrators of our Platform, after publication by the member.

The role of the moderation team and administrators is to ensure the proper functioning of the forums, excluding any message that by their character unbecoming, detrimental to people, destructive or obviously off topic, interfering with trade. Moderators and administrators also exclude any messages that violate applicable laws.

Are thus likely to moderation (non-exhaustive list):

      • racist, hateful, homophobic, sexist or defamatory messages
      • advertising messages
      • obscene, pornographic or harassing messages
      • messages with specific contact information such as a telephone number, a postal address and whose origin and accuracy are unverifiable by the moderators or could result in harm to persons
      • messages published in multiple copies
      • messages off topic or inciting controversy
      • messages in abbreviated language or whose spelling is too approximate
      • messages written entirely in capital letters

In case of non-compliance with these rules and instructions, the THENEURON team will apply certain sanctions to the Users concerned. The highest penalty is the ban and consists of blocking access to the Platform entirely to a User.

Article 8. Responsability de THENEURON

THENEURON will only be liable for direct damages suffered by the Users, which will be determined to result from the breach of our obligations.

However, we will in no way be held responsible:

      • Damage resulting from the User, difficulties inherent in the operation of the Internet and more generally telecommunication networks, whatever their nature, because of a third party or a case of force majeure;
      • Indirect damages resulting from the use of the Platform, these being defined in a non-limiting way as the operating losses (turnover, revenues or profits), the losses of opportunities, the damages of image or reputation, commercial or economic harm;
      • Any loss of data suffered by the User, even if it is due to THENEURON.

Article 9. Interruption du Service pour maintenance ou amélioration

We undertake to make every effort to ensure the proper functioning of the Platform and its accessibility but we are only bound by an obligation of means concerning the continuity of access to the Service. We can not guarantee the sustainability or performance of the Platform.

In case of update of the Platform for a technical evolution, our Platform will be temporarily inaccessible.

Access to the Service may be interrupted for reasons including maintenance, updating and in case of emergency.

More generally, the interruption of the Service whatever the cause, duration or frequency, will not engage our responsibility and will not give any right to any compensation to the User.

Accordingly, we can not be held responsible for loss of money, reputation, or any special, indirect or consequential damages resulting from the interruption of the Service. Similarly, we can not be held responsible for any damage to hardware, software or data (example: viral contamination) suffered by the User due to his use of the Service.

To avoid inconvenience as much as possible, you should ensure that you regularly make backups of your information, content and software.

You acknowledge that you use the Service, but a „bug“ in our Platform may cause you to lose some of your data, alter it or expose it. However, we are committed to making every effort to restore them to the extent possible and to guarantee you access to the Platform as quickly as possible.

Article 10. Registration and user account rights

10.1. By a Member

All Members of our Platform have a right to access, modify or delete their account.

The cancellation conditions for a subscription of less than fourteen (14) days for subscribers who have subscribed to a Premium Subscription are governed by Article 9 of the General Terms of Service. We ask you to refer to it if you are in this situation.

If you have obtained a certificate or a diploma or validated skills we will not be able to accede to your request of deletion of account. Due to our regulatory obligations related to the nature of our activity, we must keep your participant and subscriber file including your identity card, and your entire journey with THENEURON. Your data will be archived while ensuring a maximum security requirement by being accessible only to a limited number of people within our services. We may, if you wish, address your participant and subscriber file.

If you have engaged with us with a Premium Membership Plus but you have decided to stop your Trip, we will process your request depending on whether you have decided to permanently stop your Subscription or to suspend. In the first case, we will delete all your data within thirty (30) days, but in the second case, we will not be able to grant your request because we must keep your file when you graduate for regulatory constraints related to the nature of our activity.

Users and Premium Solo Subscribers may at any time modify and obtain a right of access to their personal account by contacting us by email at info@theneuron.com. If you wish to unsubscribe from our Platform, please click on the „I want to delete my account“ link in the parameter tab of the member profile or by contacting us by email at the aforementioned address. Your account deletion request will result in the deletion of your personal data from our databases. Unsubscription will result in termination of the Agreement. This termination will take effect within thirty (30) working days from the receipt of the unsubscription request by THENEURON.

10.2. By THENEURON

If an application for registration for our services is made by a minor without the prior consent of his or her legal guardian, we may block access to the Account until consent is obtained.

When we notice that a User / User, a Member or a Subscriber of the Platform does not comply with these Terms and Conditions and the Terms and Conditions, we will contact him to inform him that a penalty in his regard may be taken, including the suspension of his account. The Charter of good conduct set out in these Terms must be respected by everyone for the proper functioning of the Platform and good understanding between people.

If no solution can be found and the rules of good conduct are not respected, we will be obliged to disable your account for a temporary or definitive period and we will contact you beforehand by email.

Article 11. Force majeure

Neither party shall be liable to the other party for any delay in performance or default due to the occurrence of an event beyond the control of the parties that could not be reasonably acceptance of UGC and whose effects can not be avoided by appropriate measures.

The case of force majeure suspends the obligations of the party concerned during the time when force majeure will occur if this event is temporary. Nevertheless, the parties will endeavor to minimize the consequences as far as possible. Otherwise, if the impediment is final, the parties will be released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.

Article 12. Résolution des différends

The Terms are subject to cameroonians and international law. Any difficulties relating to the validity, the application or the interpretation of the Terms will be submitted, failing amicable agreement, the Tribunal de Grande Instance of Douala, to which the Parties grant territorial jurisdiction, whatever the place of execution or the defendant’s home. This attribution of jurisdiction also applies in the case of summary proceedings, multiple defendants or warranty claims.