General Terms and Conditions of Use

 The website GOFORDIS and all its extensions are the exclusive property of the company Management Communication & Co®, MCC for short, a simplified joint-stock single-member company, registered with the trade and companies register of Nice under the number 811 133 974, with share capital of 8 000 Euros located at 455 Promenade des Anglais 06206 NICE CEDEX 3 –

SIRET (Business Identification) number: 811 133 974 00014.

Tel.: 33 4 93 18 73 25.

VAT number: FR85811133974

Director of publication: John NOLLET

Contact Address: mail@mccnice.com

Right of access to the rectification or the deletion of contact details of any legal or physical person registered on the GOFORDIS websites: mail@mccnice.com

Hosting Service Provider: OVH France

Website Designer: MCC

©MCC/2015

Preamble

General Conditions of Use

PREAMBLE

The website « GOFORDIS » referred to hereafter as the « Website » is offered to the public subject to the acceptance and respect of the present Terms and Conditions of Use hereinafter referred to as « TCU ». The full compliance with the present TCU, necessary to any use whatsoever of the Website, does not exempt the parties from the respect of the laws and regulations of their respective countries and of the French law.

Every User expressly recognizes having read and fully accepted the present TCU unconditionally and irrevocably. This acceptance is an essential prerequisite to any use of and subscription to the Website. The TCU are accepted and concluded with the company SAS Management Communication & CO 455 Promenade des Anglais 06206 NICE CEDEX 3 France through its legal representatives and hereinafter referred to as « MCC ». The TCU herein enter into force on 05/01/2016.

The TCU herein constitute all the agreements between the User and MCC on the use of the Website’s linkage services. If any provision hereof is declared null by an enforceable decision of a competent court, these will be suppressed without affecting the validity of the other provisions. The original version of this document is in French. In case of a conflict between a translation and the version herein or in case of ambiguity, the original version will prevail.

MCC is the owner of the GOFORDIS websites. GOFORDIS is a universal platform which allows the access to an information service about online and distance training programs offered by private distance learning schools and institutions. The website also offers to put in contact students or job seekers with recruiting companies looking for new collaborators. Dedicated to persons of all ages, all the information is accessible via the subscription to the website. The subscription of individuals or job seekers is completely free. The subscription is indispensable in order to be put in contact with the schools or the companies present on the website. The subscription of the different professionals present on the website can be proposed against invoice. The rules specific to the exchanges between MCC and the other parties will be taken up in the General Terms and Conditions of Sale accessible at the time of a purchase.

The Website reserves the right to modify at its sole discretion the Terms and Conditions when necessary, according to the technical evolution of the website and the evolution of the legislation. The use of the Website and its services is always subject to the most recent version of the Terms and Conditions posted on the Website and accessible to the public at the moment of this use. The school can consult the Terms and Conditions as often as necessary in the space dedicated to this purpose. The Website can also modify the editorial content and the services including the prices at any time and without notice.

Online release: 05/06/2016.

Denomination:

1- The provider and owner of the Website, the SAS Management Communication & Co will be referred to as « MCC »

2- The school or any other Distance learning institution will be referred to as « the SCHOOL »

3- The person who submits a documentation request, posts a résumé or answers a job offer will be referred to as « THE STUDENT/INDIVIDUAL»

4- The company which posts a job offer or searches résumés is referred to as« the COMPANY »

5- The documentation request and the contact information of the STUDENT/INDIVIDUAL who submitted the request will be referred to as « COUPON ». A coupon is a documentation request submitted by a STUDENT/INDIVIDUAL even if the latter has submitted more than one request.

 

Article 1 –Scope of the General Terms and Conditions of Use

The present General Terms and Conditions of Use apply exclusively between MCC and the users of the Website. Article 1 –Object:
  • The Website references the training programs offered by distance learning schools in several countries. In case of Coupon(s) purchase by the school, the Website transfers the contact details of the STUDENT / INDIVIDUAL who submitted a documentation request for one of the training programs offered by the SCHOOL in question.
  • The Website ensures the link between the STUDENT/ INDIVIDUAL and the SCHOOL without guaranteeing the definitive subscription of the STUDENT to the training program for which he submitted a documentation request.
  • The Website offers the registered STUDENTS/ INDIVIDUALS a space in which they can submit their résumés and thus be visible to recruiting companies.
  • Similarly, the Website offers the recruiting COMPANIES a space and links them to all the registered persons and to all the job seekers.
  • The present Terms and Conditions of sale prevail, without exception, over all other conditions unless there is an express written derogation from MCC.

Article 2 – Responsibility of the School and rules of conduct concerning the use of Coupons

 While using the Website and its services, the SCHOOL undertakes:

  • To use the service diligently and in good faith;
  • To make normal use of the Website and to observe courtesy in their exchanges with the STUDENTS/ INDIVIDUALS;
  • To promote reliable and real training programs to which it can commit and has all the powers to exercise;
  • To verify in real time the authenticity of the information referenced on the Website and to inform the Website without delay of all the training programs that will no longer be offered;
  • To respond without delay to the requests of the STUDENTS/ INDIVIDUALS or the Website;
  • To contact the STUDENTS/INDIVIDUALS as soon they request it;
  • Not to use the Website for purposes other than the services proposed, including commercial or advertising ones;
  • Not the spread false news, needlessly alarmist information or rumours, whatever their degree of truth, that may cause damage to others;
  • To refrain from posting any message or photograph of pornographic, racist or violent nature, contrary to law and morality, inciting to commit criminal acts or, more generally, able to harm third parties or the Website;
  • To respect the rights of third parties and not to use texts, photographs or any other elements that might violate copyright, trademark rights or persons rights;
  • To respect the image and reputation of the Website by prohibiting any action aiming to draw users away from the Website or by promoting competing services;
  • To guarantee the Website against any direct or consequential damages linked to its actions.

 

Article 3 – Rules of conduct concerning the use of COUPONS:

  • The SCHOOL is the sole responsible of its use of COUPONS to the STUDENTS/ INDIVIDUALS. It expressly recognizes the warning issued by MCC concerning its relationship with the individuals who entrusted MCC with their contact details.
  • The SCHOOL can neither rent nor sell these data or divert them from their initial use without an express permission from the STUDENT. The school can’t let the latter believe that MCC assumes any responsibility whatsoever in the finality of his subscription to its courses.
  • The SCHOOL cannot use misleading arguments in order to conclude a contract or let the STUDENT believe that MCC endorses its statements. Since a STUDENT/INDIVIDUAL may receive documentations from different schools, the SCHOOL is forbidden from damaging the reputation of its confreres.
  • The SCHOOL must not let the STUDENT/INDIVIDUAL believe that he has an obligation of purchase because he received the documentation.
  • The SCHOOL undertakes to respect to the letter the legislation concerning the distance selling of training programs in its country of residence.
  • In case of proven failure to meet these recommendations, MCC reserves the right to cancel the subscription of the SCHOOL to its services and, more precisely, the right to refuse any of its orders.

Article 4 – Responsibility of the Website and warranty:

  • The use of the Website is under the responsibility its different users. The Website is provided as is and offers the users no right for guarantee.
  • For instance, the access to the Website, its consultation, along with the documentation request submitted by a STUDENT/INDIVIDUAL, constitute by no means a promise or a guarantee from the Website of a certain subscription of a STUDENT to a training program or a maximum visibility of the SCHOOL’s training programs. Therefore, as an intermediary, the Website cannot guarantee and be held responsible for the seriousness of the public or private registered legal persons or for the veracity of the information they submit.
  • The Website only offers its users a linking technical architecture. The Schools, other companies and individuals are totally free to rectify their profile. They remain therefore sole responsible of the veracity, the legality, the real and updated nature, and the availability of the proposed information, as well as their aftermath.
  • Il It is expressly agreed that the Website is subject to an obligation of means of exclusive linkage which responsibility can only be sought- after in case of a duly proven fault.
  • In this context, the Website undertakes to use all the available means it has in order to ensure the delivery of its services in optimum conditions.
  • The Website declines all responsibility for of any use made of the Website. In no case can the Website be held responsible for the use of the information disseminated by the SCHOOLS to third parties. The use is the sole responsibility of the SCHOOL, including nominative data processing and protection, as well as the protection of the confidentiality of the electronic exchanges and correspondences.
  • The Website declines all responsibility, even partially, for any consequential damages resulting from a total or partial breach of the obligations by the User, as well as any indirect damages, even when aware of the possibility of the occurrence of such damages.
  • Any legal or physical person wishing to use the information available on the Website GOFORDIS can access them only after subscribing with a valid e-mail address. A link will be sent to this address allowing the STUDENT to validate the subscription by confirming the ownership of the e-mail address.
  • Without returning this e-mail, it is impossible for the STUDENT to access the documentation requests.
  • This procedure is for MCC the maximum engagement to guarantee the accuracy of the information submitted and present during the recuperation of the information whether free or chargeable.
  • No claim will then be accepted in relation to potential errors within all the relationships engaged by the use of the information whether free or chargeable and/or in the business relationships between the parties.

Article 5 – Intellectual Property:

  • All the elements of the Website including the graphic charter, brand, domain name, database and data are protected by copyright laws, by the right of database producers and by industrial property rights. Any unauthorized use the Website’s elements is a violation of these laws. The Website does not grant any express or implied right to software, patents, copyrights, database and data, brands or trade secrets relative to the elements of the Website. The right of use of the Website’s elements, the database and data is granted only during the subscription contract period.
  • Unless explicitly stated otherwise in the present Terms and Conditions, no element from the Website can be reproduced under any form and by any means without a written authorization from the Website. The extraction through permanent or temporary transfer of the whole or a qualitatively or quantitatively substantial part of Website’s content to another medium, by any means and in any form whatsoever is also forbidden;
  • The reutilisation by making available to the public the whole or a qualitatively or quantitatively substantial part of Website’s content in any form whatsoever is forbidden;
  • The creation of any hypertext link, even a simple one, to the Website may only be done with the authorization of the Website, and providing that no confusion may arise in the minds of the users as to the identity of the site and the origin of the information.

Article 6 – Processing of nominative information

  • Any private or legal person registered to one of the Website’s interfaces can at any moment access, modify, rectify or delete nominative data which concern him as stipulated in the legal information.
  • To exercise this right, simply contact by e-mail: mail@mccnice.com
  • As for the nominative information transferred by the Website, The SCHOOL will have a duly declared « client-prospect » treatment according to which these data must be integrated, processed and stored.
  • Starting from the moment of the data transfer, the Website will no longer be responsible for the SCHOOL’s acts with regard to these data.

Article 7 – Notification:

  • Any notification must be made to the Website in writing by registered letter with acknowledgement of receipt or by any other means whose reception can be proven (DHL, Chronopost, … ), to the address SAS Management Communication & Co® - 455 Promenade des Anglais 06206 NICE CEDEX 3. This notification will be deemed received by the Website on the first business day following its first presentation to the Website.
  • The Website will answer by e-mail to the address indicated by the SCHOOL on its personal account or mentioned on the registration form within a maximum of TEN (10) days following the date of the reception of this notification.

Article 8 – Claim and conventional prescription

  • Every claim from the SCHOOL must, under penalty of foreclosure, be addressed according to the procedure described in the article NOTIFICATION to the contract signer within (8) days following the discovery of the event motivating the claim. Any legal action related to the use of the Website, the orders, and/or to the Website’s responsibility is prescribed if not engaged within SIX (6) months starting from the occurrence of the damaging event.

Article 9 – Miscellaneous 

  • The SCHOOL is informed that the Website can, at all events, freely cease exploitation of the Website, sell and/or transfer it, and that the School will not be able to take advantage of any right whatsoever.

Article 10 - Applicable law and settlement of disputes:

  • The present Terms and Conditions of Use as well as all the acts and operations made under them are subjected to French law.
  • Any dispute concerning the right of use granted to the user and the application of the present terms and conditions shall come under the exclusive jurisdiction of the competent court of the head office of Management Communication & Co®.