GENERAL CONDITIONS OF USE – September 1st 2018
HigherEdMe is an online platform, available at the address higheredme.co (The « Website ») operated by HigherEdMe, a simplified stock company with a capital of 1 399,86 euros and headquarted at 8, chemin de la Noue in Longvic (21600), with registration identification number 814 311 247 and intracommunity VAT number FR 05 814 311 247 (The “Company”). Said platform is dedicated to the linking of Students (this expression is defined in article 1.1) and Education Institutions (this expression is defined in article 1.1), following the publication of Projectes (this expression is defined in article 1.1). The purpose of these General Conditions of Use (the condition(s), or as a whole, the « Contract ») is to define the terms and conditions that will govern relations between the Users (this expression is defined in article 1.1) and the Company. These conditions constitute a contractual agreement for an indefinite period, from the moment the User has accepted the terms of this Contract. The Contract commits the User to respect all its’ conditions without reserve, every time he/she visits the Website. Therefore, the User acknowledges that he/she has read the Conditions and accepts to be bound by the present legal provisions. If the User connects to the website on behalf of a company or any other legal entity, he/she is nonetheless personally bound by this Contract.
ARTICLE 1 – REGISTRATION TO THE WEBSITE
1.1 Definition of main expressions
Expressions and words starting with a capital letter used in the following document are defined hereunder, if not in a different section of this Contract.
- “Conditions” has the meaning assigned to it in the introductory presentation;
- “Contract” has the meaning assigned to it in the introductory presentation;
- “Education Institutions” refers to any higher education institution from France or abroad referenced on the Website;
- “Students” refers to any User eligible to the Services under the conditions stated in article 1.2 hereafter and who has a member account on the website;
- “Services” refers to the range of services offered by the Company on the Website;
- “Website” has the meaning assigned to it in the introductory presentation;
- “Company” has the meaning assigned to it in the introductory presentation;
- “Projects” refers to the one or more Projects published by a Student on the Website, all visible to any Education Institution, in accordance with the procedure provided for this purpose;
- “User” refers to any natural or legal person using the Website.
1.2 Eligibility for services
To be eligible for our Services, the User must be a natural or legal person, be over the age of 18 years old with a full legal capacity.
It shall be stated that in the event where the User is a minor, he/she must beforehand obtain the approval from his/her legal representatives, in accordance with the legal and regulatory provisions
1.3 Creating an account
Creating a member account on the Website is a mandatory prerequisite for using the Services provided on the Website. This requires filling in a registration form available on the Website, with correct, up-to-date and comprehensive information. The User will then have to update regularly the information provided in order to maintain its’ accuracy.
The User must choose a username, a valid e-mail address and a password.
Access codes to a Users’ account are strictly confidential. In the event of the non-authorized use, any confidentiality or security breach of a User account, he/she must without delay inform the Company.
Every User agrees to the creation of one and only account corresponding to his/her profile.
ARTICLE 2 – SERVICES
2.1 Publishing Projectes
Creating a member account on the Website allows Users, among other things, to publish Projectes on the Website.
A Student can publish up to 3 Projectes on the Website. They represent the will of a Student to start or continue his/her higher education in an Education Institution in France or abroad.
We recommend that the Student provides precise, correct and detailed information concerning his/her Projectes on the Website, in order to ensure effectiveness of our Services.
Once Projectes are published to the Website, they will be accessible to the Education Institutions.
In the event where a Student Project is of interest to an Education Institution, it is possible for said Education Institution approach the Student who published said Project by sending an offer. The Student then receives said offer from the Education Institution on his member area and then has a decision period to decide whether to communicate his information - particularly his e-mail address - contained in the Website, to the Education Institution.
The minimum decision period is mentioned on the website, and it is stated that the User has the possibility to extend it.
In the absence of a decision taken by the Student in the decision period aforementioned, if the offer formulated by the Education Institution:
is in the top three offers received by the Student and that he/she has selected the offer, the information contained in the Students’ profile on the Website will automatically be transferred to the Education Institution;
isn’t in the top three offers received by the Student, but has been selected by the Student, the information contained in the Students’ profile on the Website will not be transferred to the Education Institution;
hasn’t been processed by the Student and in the absence of the selection of another offer, the information contained in the Students’ profile on the Website will automatically be transferred to the three first Education Institution to have formulated offers.
Once the Education Institution and the Student have been put into contact, the legal, financial and basic terms of their relationship will be freely determined by them, and to which the Company will not be included. The Company offers no guarantee concerning the reliability of the Education Institutions, nor that the courses offered by these Education Institutions fit the Students’ profile and academic career. Accordingly, the Student must perform all the necessary actions to ensure that the concerned Education Institution is serious and reliable, and that the courses offered by the Education Institution fit the Students’ profile and academic career.
Likewise, The Company offers no guarantee concerning the reliability of the Students, as they are free of their statements. Consequently, the Education Institution must perform all the necessary actions to ensure that the concerned Students’ profile and academic career are reliable.
ARTICLE 3 – THE USE OF THE WEBSITES’ SERVICES
3.1 Access to the Website
The Company, per the following Conditions, grants a limited, revocable, non-exclusive, non-transferable access to the Users for a strictly personal use of the Services.
Any use of the Website contrary to its purpose is strictly forbidden and constitutes a breach to the present modalities.
The use of the Website requires an internet connexion and browser. In order to guarantee the proper functioning of the Website, it shall be stated that the Website is optimized for:
- a screen resolution of 1280×768 pixels;
- the latest versions of browsers Internet Explorer, Chrome, Firefox and Safari.
3.2 User obligations
It is forbidden for Users to:
- 1. pass on, publish, distribute, save or destroy any material, in particular, any content from the Website, violating the laws or regulations regarding collecting, processing, or transfer of personal information;
- 2. create fictitious profiles;
- 3. to provide false information in the information forms, or to not update them regularly;
- 4. to publish any data, information, or content of defamatory, abusive, obscene, offensive, violent or inciting to violence, political, racist, or of xenophobic nature, and broadly speaking any content that is incompatible with public morals the prevailing laws and regulations;
- 5. to reference or create links towards any content or information available on the websites of the Company, unless there is an explicit, prior and written agreement from the Company;
- 6. to obtain from other Users passwords or personal identification data;
- 7. to use information, content or any data present on the Website in order to offer a service considered by the Company and to its’ own discretion, as competition to the Company;
- 8. to sell, exchange or demand payment for any information, content or data available on the Website or in a Service provided by the Company, without the explicit and written agreement from the Company;
- 9. to apply reverse engineering, decompile, disassemble, decrypt, or somehow attempt to obtain the source code relating to any underlying intellectual property, used to provide all or any part of the Services;
- 10. to use manual or automatic devices or software, coding robots or any other means to access, explore, extract or index any page from the Website;
- 11. to endanger or try to endanger the security of any of the Companies’ websites. This includes any attempt to control, scan or test the vulnerability of a system or network or to breach security or authentication measures without an explicit and prior authorization;
- 12. to counterfeit or use products, logos, images, drawings, brands or any other protected by intellectual property rights by the Company.;
- 13. to mimic the appearance or the functioning of the Website, by creating for example a mirror effect;
- 14. to disrupt or disturb, directly or indirectly, the Website or Services, or try to overload the infrastructure of the Website, or try to transmit or activate a virus through or on the Website.
It is recalled that any breach of the security system or of the network can lead to civil and criminal prosecution. The Company controls the absence of such breaches and can appeal to law enforcement to prosecute, when necessary, Users having conducted such breaches.
Users agree to use the Website in a fair manner, in accordance with its’ professional purpose, the legal and regulatory dispositions, with the present Conditions and current practices.
ARTICLE 4 – USE OF THE WEBSITE CONTENT
The entirety of the content of the Website - particularly the design, texts, graphics, images, videos, information, logos, icons, buttons, software, audio files, and others – is the property of the Company, which is the sole holder of the entirety of the related intellectual property rights.
Any representation or/and reproduction or/and use of content and Services offered by the Company, whether in whole or in part and by any means whatsoever, without the prior and written authorization from the company, is strictly forbidden et is likely to lead to legal proceedings.
ARTICLE 5 – PERSONAL DATA
Any personal data in the Companies’ possession has been lawfully and fairly collected.
This data is provided by the Users, who have agreed voluntarily and explicitly, upon the creation of an account on the Website, to the present Conditions that allow the Company to process this data and transfer it to the Education Institutions for the purpose of delivering the Services.
The data is used to allow Users to benefit fully from the Services and functionalities offered on the Website. The Student therefore agrees that his/her contact details and other elements from the profile are visible, in accordance with the present Conditions, by any Education Institution for the use of the Website.
Personal data is stored by the Company on its’ own servers, for processing as part of the use of the Services. They are kept for as long as necessary for the Services provision and functionalities available on the Website.
The User remains the holder of the information related to him/her and that have been provided to the Website. In compliance with Law 78-17 of January 6th ,1978, modified by Law 2004-801 of August 6th , 2004, the User is notified that he has the right to access, change and delete personal data related to him/her, as well as the right to oppose to the transmission of said data to a third party, on justified grounds.
Users can exercise their right by writing to the following e-mail address: firstname.lastname@example.org or to the following postal address: 8, chemin de la Noue - Longvic (21600).
An answer to the Users’ request will be delivered under 30 days.
ARTICLE 6 – RESPONSIBILITY
6.1 Use of the Website
The Companies’ role is limited to providing the Services to the Users.
Users are solely responsible for consequence due to the use of the Website.
Users are required to ensure their use of the Website is in compliance with legal and regulatory provisions, as well as to the general conditions of use of the Website. The Company offers no guarantee to the User regarding conformity of use of the Website, that he/she is applying or planning on applying, to national or international legal provisions.
The User is warned of technical incidents and access interruption that are likely to happen on the Website. Consequently, the Company cannot be held responsible for unavailability or decrease in the speed of the Services.
The entirety of the information, advice, guidelines and any other data contained in the Website do not serve the purpose of being advice on which decisions should be taken by the User. The Company cannot be held responsible of any faith a User of the Website may choose to place in said data and information, or anybody else informed by this data and information.
6.2 Conditions of matchmaking
The Company only assumes a technical role in the matchmaking of Students and Education Institutions. The company does not in any case assume the role of a higher education institution and does therefore not deliver grants or visas. The Company does not guarantee in any case the worthiness and reliability of the Education Institutions and the Students.
Therefore, Users are required to organise the legal and financial conditions of their relationship among them, and they will be the only ones responsible for said conditions. They will thus have to ensure the legal and regulatory conditions are respected. Furthermore, the Company cannot be held responsible for:
- 1. any consequences of virtual or real meetings between Users following the use of the Website;
- 2. any breach of legal, regulatory or contractual requirements by a Student or an Education Institution.
- 3. any damage caused to a Student or Education Institution or any third party during or following a matchmaking on the Website; or
- 4. any prejudice resulting of a major fault committed by a User, any event resulting of the actions of a third party, or in the case of force majeure.
For the entirety of the Services provided on the Website, the Company cannot be considered as a seller or a higher education institution, the Companies’ role being limited to making Students and Education Institutions meet easier. More generally, the Company remains separate from any actions taken by the Education Institutions and the Students through the Website, and cannot be held responsible for any consequence of such actions for any reason.
If in the extraordinary case where a User couldn’t deliver on his/her obligations, he/she agrees to take all measures necessary so that the image of the Company isn’t tarnished, if not the Company reserves the right to take legal action against said User in order to preserve its’ business image.
The Company isn’t in a general manner under the obligation of monitoring the data and content that the Users provide, nor is the Company under the obligation to delete any content that isn’t clearly illicit, notwithstanding the content being signalled as such. The Company does not in any case offer the guarantee of the veracity of the content. The User agrees to not upload content prone to disrupt public order and morals, to protests from third parties, or to breach existing legal provisions. Therefore, it is expressly agreed that in the case that the Company is brought into question, for any reason whatsoever, in any country whatsoever, by a third party based on industrial or/and intellectual rights regarding an element provided by a User, said User agrees to assume all direct and/or indirect economic and financial consequences (including defences’ legal proceeding fees) that would come consequently to such an action. The User must ensure the safe transmission of data to the Website and cannot blame the Company on any basis whatsoever and any reason whatsoever for the non-reception or loss of said data. The User must keep a copy of all data provided. Furthermore, the User is notified by the present general conditions that as soon as an account is closed, the Company will proceed to the destruction of the data provided and any other data generated.
6.4 General provisions
In any case, the Company cannot be considered as responsible for any indirect and unpredictable losses or damages for Users or a third party, which takes into account any lost profits, inaccuracy or corruption of files or data, or loss of opportunity, linked for any reason or on any basis whatsoever to the present contract. The Company cannot be held responsible for a delay in the execution or the non-execution of the present contract in a case of force majeure, as it is defined by jurisprudence in the French courts and tribunals.
ARTICLE 7 - TERMINATION
The User can terminate the present contract at any given moment, by going to the website and following the procedures laid down for this purpose.
The Company retains the right to limit, suspend or delete without notice or compensation the account of any User that makes an abusive or inappropriate use of the Services. The assessment of the Users’ behaviour is at the Companies’ discretion.
ARTICLE 8 – CONVENTION OF PROOF
The systems and computer files can be used as proof in the relationship between the company and Users.
Thus, the Company can use any files, programmes, records or other received, issued or preserved by the computer systems used by the Company, on any numerical or analogical media as proof in the case of legal proceedings.
ARTICLE 9 – INDIVISIBILITY
The possibility that any of the provisions of the contract is or becomes illegal or inapplicable does not affect in any way the validity or the applicability of any of the other stipulations in the Contract.
ARTICLE 10 - DISPUTE RESOLUTION
The conclusions, interpretation and validity of the present Contract are governed by French law, regardless of the country of origin of the User or the country from which the User is accessing the Website, irrespective of the principles of conflict of law.
In the event where a conflict arose regarding the validity, the execution or the interpretation of the present contract and that it would be taken to civil jurisdictions, it would exclusively be subject to the jurisdiction of French court, to which is sought exclusive jurisdiction, even in the event of multiple defendants.
The User is notified that he/she can in any case, enter in conventional mediation or any other alternative conflict resolution method (conciliation for example) in case of a contestation.
Simplified joint stock company with a capital of 1 399,86 euros
Head office : 8, chemin de la Noue – Longvic (21600)
814 311 247 R.C.S Dijon
Publication director : Arnaud Catinot
Website hosted by Heroku - The Landmark @ One Market, Suite 300, San Francisco, California 94105 on European servers.