Last Updated: 06/01/2022
2. Description of the Online Courses and Access tothe Online Courses
The Online Courses include, but are not limited to, course content, written content, photos, recorded videos, and audio content (the “Materials
The Climate School, Online Courses and Materials may only be accessed and viewed by Users registered on the EdApp Platform in accordance with EdApp Terms of Service.
The User of the Climate School may be a natural or legal person. The User shall provide his/her fullidentity on the EdApp Platform, a valid email address as well as any mandatory information that is necessary for the registration of the online account (the “Account
”). Any information must be updated as and when needed by You in order for Us to send You notices and/or any other information to Your e-mail address or through Your Account. When the User is a legal person (“Corporate Client
”), the Corporate Client shall send by e-mail to the authorized Users (“Authorized User
”) an access code to enable them to create their EdApp Account. Each User shall have a username and a password. The username and password are personal and cannot be shared with other users.
You are solely responsible for maintaining the confidentiality of Your username and password and for all activities that occur under Your username and password. You agree to report immediately and notify AXA Climate if You become aware of or have reason to believe that there is any unauthorized use of Your Account, of Online Courses or Materials, or any other breach of security, to the contact address provided on the EdApp Platform. AXA Climate is in no way liable for any claims related to the use or misuse of Your username and password due to the activities of any third party outside of Our control or due to Your failure to maintain their confidentiality and security.
You are permitted online access through the EdApp Platform to the Climate School, Online Courses and Materials.
AXA Climate grants You alimited, personal, revocable, non-exclusive, non-transferable license to access the Climate School, Online Courses and Materials for Your own personal and non-commercial use for the term agreed upon between the Corporate Client and AXA Climate when You are an Authorized User of a Corporate Client, and for any other User for a maximum term of 10 years.
In any event, you undertake to use the Climate School, Online Courses and/or Materials in a way that complies with all laws and regulations applicable in Your country.
For permission to use the Online Courses and/or Materials beyond what is expressly provided herein, please contact Antoine Poincaré at email@example.com
3. Charges and Payment
Depending on the cases, the access to the Climate School may be provided to the Users free of charge or in consideration of the payment of fees.
A free of charge access is provided (i) to Users that are individuals and considered as consumers under French law or (ii) to Corporate Clients that wish to make the Climate School available to their employees within the limit of the first ten (10) Authorized Users.
A payable access to the Climate School is provided to Corporate Clients with more than ten (10) Authorized Users. In this case, AXA Climate and the Corporate Client will enter into a separate agreement.
5. Intellectual Property Right
All copyright, trademarks, design rights and other intellectual property rights (registered or not) and all content whatever located on the Online Courses shall remain vested in AXA Climate. In the event that AXA Climate is not the owner of the intellectual property rights, such rights shall remain the property of its licensors. You must abide by all copyright notices and restrictions contained on the Online Courses and/or Materials.
AXA Climate has implemented several measures and/or tools to prevent the dissemination to the public, the modification or any other unauthorized use of the Online Courses and to determine the source thereof. You therefore acknowledge and accept that such measures and/or tools may be used as evidence against You by AXA Climate, as the case may be, in the event of violation of AXA Climate’s intellectual property rights.
You must not use the Online Courses or Materials in a manner that constitutes an infringement of AXA Climate’s rights or a third party’s rights or that has not been expressly authorized by AXA Climate.
Any unauthorized use of the Online Courses or Materials or any of its elements, is strictly prohibited, will be considered as an infringement of copyright and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.
6. No Warranty
The Online Courses content have been carefully created and checked at best of knowledge. However, all warranties, terms and conditions of satisfactory quality and fitness for purpose are excluded to the fullest permitted by law.
Online Courses and any Materials are provided on an "as is", and "as available" basis and without any further warranties of any kind. AXA Climate makes no warranties, representations or undertakings whatsoever with respect to the Online Courses, whether on the content, the conditions or function of the Online Courses.
The Online Courses may be updated by AXA Climate at any time to reflect knowledge update, educational improvement or correct any formal or theoretical error that could be detected. However, AXA Climate shall not be held liable for any inadequacy, insufficiency, inaccuracy, error or defect of any kind in the Online Courses, tools or data provided as part of the Materials and of the Online Courses. AXA Climate shall not be liable for any damage suffered by the User or any third party resulting from the use of the Online Courses and/or Materials out of the EdApp Platform and/or training program.
Any link in the Online Courses is not intended to be, nor should be construed as, an endorsement of any kind by Us.
The User assumes all responsibility for the access and the use of the Climate School and Online Courses.
7. Limitation of liability
You acknowledge that AXA Climate shall be liable only in cases of direct damages, or claims arising out of the gross negligence or willful misconduct of AXA Climate.
AXA Climate shall not beliable to You for any failure in the delivery of the Climate School and the Online Courses due to a cause beyond AXA Climate reasonable control, a third party’s default or Your failure to comply with any of Your obligations.
The Online Courses are for training purposes only. AXA Climate shall not beliable to any party for the use of the Online Courses or the Materials for any purpose other than training for educational purposes, including but not limited to, the giving of advice by You to any third party.
The provisions of the preceding paragraph do not apply to the notices between the Parties that shall be served by registered letter with acknowledgment of receipt, as the case may be.
10. Applicable law and jurisdiction