PREAMBULE
To facilitate the reading of these General Conditions of Use (GCU), we will refer to the electronic portfolio service made available to users via the site https://wanago.comp-pass.eu
wanago.comp-pass.eu is the exclusive property of the association Pistes-Solidaires (“We”), a non-profit association, whose head office is 17 bis, rue Pierre et Marie Curie - 64000 PAU - FRANCE, et le SIRET est 448 858 704 00076.
The GTC set out the rules applicable to the use of the COMP-PASS which you undertake to respect by accepting them as a Member. We therefore invite you to read them carefully.
In accordance with the law, we also inform you that, in accordance with article L.342-1 of the Intellectual Property Code, we prohibit the downloading of all or part of the wanago.comp-pass.eu service by using robots or any other automatic or manual extraction process.
1. THE SERVICES OFFERED BY wanago.comp-pass.eu
1.1 General presentation
COMP-PASS is an electronic portfolio system that allows any user with access to present and enhance his or her career and social skills.
This tool can be used both before an educational mobility abroad (as an application tool) or to enhance an experience already lived (capitalisation of achievements, evaluation of developed competences...)
2. ACCESS TO THE SERVICE
Access to the service is made directly via the “Wanago” address or via the dashboard of a wanago.world customer who has subscribed to a subscription including the service.
3. USER ACCOUNTS
There is only one type of access for COMP-PASS users.
4. CREATION OF A MEMBER ACCOUNT
A user's COMP-PASS account is activated directly via the dashboard of a wanago.world customer, once he has subscribed to a subscription including this option, as presented on the “Prices” page of the website.
5. FEES
Access to the COMP-PASS is free for all users.
RESPONSIBILITY
6.1 Your responsibility
In general, you are responsible for:
- the proper functioning of your equipment and your Internet access;
- for all damage, direct or indirect, of any nature whatsoever that may be caused by content that you may have deposited́ on your COMP-PASS account;
- content that you may publish on COMP-PASS, whatever its nature (surname, first name, address, date of birth, diploma, etc.), content or origin (downloading, publication, transmission, or provision, etc.).
The use of the COMP-PASS in general, and of your Member account in particular, is intended to facilitate your access to cross-border mobility or to enhance an educational experience you have already had. The use of the COMP-PASS must therefore not be misused and lead, for example, to the posting of illicit content or statements.
More generally, you undertake to comply with the legal and regulatory provisions in force and you undertake not to (list not exhaustive):
- To usurp the identity of a third party ;
- To intentionally publish false, erroneous or misleading content;
- To hinder access to the COMP-PASS and/or its proper functioning in any way whatsoever.
- To publish content that infringes the intellectual property rights of third parties;
- To publish content of a racist, xenophobic, anti-Semitic, homophobic, negationist, pornographic, pedophilic, child pornographic nature or that offends human dignity;
- To publish content inciting violence, suicide, terrorism, the use, manufacture or distribution of illicit substances, or inciting the commission of crimes or offences, or which glorify them, and more particularly crimes against humanity;
- To publish offensive, defamatory contents, or infringing on the private life, image or personality rights of third parties, contrary to public order, the law or good morals;
- To publish information of a commercial or advertising nature without our prior written authorization;
- To publish on the site hypertext links pointing to sites whose content would be contrary to one of these rules.
You are reminded́ that the fact of fraudulently accessing or remaining in a computer system, of hindering or distorting the operation of such a system, of fraudulently introducing or modifying data in a computer system constitutes offences subject to criminal sanctions.
In the event of a breach of any of the above rules, we reserve the right to block your access to the COMP-PASS, or even to cancel access to your personal account temporarily or permanently, without any compensation and without prior notice. We may also claim compensation for the damage we have suffered as a result of this behaviour.
In the event of a complaint or claim initiated by a third party and addressed to us, due to information or data originating from you, you must immediately provide us with all explanations and supporting documents, and answer, in all cases, to us as well as to third parties whose rights you may have infringed, for any prejudice as well as for the possible consequences of your actions with regard to the applicable legal or regulatory provisions, including those entailing criminal liability.
If you become aware of any behavior by one or more Users on the Service which is contrary to these rules and which causes you prejudice, you may contact us at contact@pistes-solidaires.fr
6.2 Our responsibility
We remind you that, except for services that explicitly provide for this, we do not verify the accuracy and truthfulness of the content that you submit via the Service, particularly concerning the information that you provide (CV, etc.).
We use all reasonable means at our disposal to ensure quality access and constant availability of the Service (24 hours a day, 7 days a week), but we are under no obligation to do so. We therefore reserve the right to interrupt or temporarily suspend access to the wanago.comp-pass.eu service, without prior notice, in particular in order to ensure maintenance or in the event of force majeure, without the interruption giving rise to any right to compensation.
Furthermore, we shall not be held liable for any direct or indirect damage of any kind resulting from the use of the COMP-PASS. Similarly, we cannot be held responsible for:
- any malfunction of the network or servers or any other event beyond our reasonable control that would prevent or degrade access, as well as elements outside our control and any damage that may be suffered by your technical environment and in particular, your computers, software, network equipment and any other material used to access or use wanago.comp-pass.eu and/or the services;
- the use made by another COMP-PASS user of the information published, the services available on wanago.comp-pass.eu or your content.
7. PERSONAL INFORMATION
The personal information about you that we collect when you use the COMP-PASS is the information that you voluntarily provide to us by filling in the ad-hoc forms, during your exchanges with an advisor and during the completion of your COMP-PASS, as well as, where applicable, your computer traces of connection to wanago.comp-pass.eu .
As the “data controller” within the meaning of the legislation applicable to the information published on wanago.comp-pass.eu or concerning its use, the purposes, the types of information collected, the recipients of this information, the length of time it is kept and the high level of security we use to protect your data are described in the data protection document accessible via the wanago.comp-pass.eu website. We invite you to read it.
In accordance with articles 39 and 40 of the law of 6 January 1978 known as “Informatique et Libertés”, as well as the RGPD, we inform you that you have the right to access and rectify the information that we process concerning you, which you can exercise by writing to us at Pistes-Solidaires - 17 bis, rue Pierre et Marie Curie - 64000 PAU - FRANCE, specifying in the subject line of the letter “informatique et libertés”, or by e-mail, if possible, at contact@pistes-solidaires.fr
As provided for by law, we will then be obliged to request proof of identity from you to ensure the identity of the holder of the data at the origin of the request.
In accordance with the provisions of Article 38 of the said law, you may also refuse to allow us to process your data, subject to a legitimate reason. You may also refuse, free of charge and without giving any reason, that we use your data for commercial advertising purposes. Simply contact us at the e-mail address given above.
8. DURATION AND CLOSURE OF THE ACCOUNT
Your COMP-PASS account will remain active indefinitely if you log in at least once every 365 days. If you fail to do so, the COMP-PASS account may be terminated by us.
You can also contact us to close your account.
9. INTELLECTUAL PROPERTY
9.1 Intellectual property of wanago.comp-pass.eu
All elements that make up wanago.comp-pass.eu , and trademarks, logos, texts, data, drawings, graphics, photos, animations, sounds, computer codes, arrangements, assemblies of all or part of an element of the service, including downloadable documents, are and remain our property. The design, form, and content of wanago.comp-pass.eu are our exclusive property.
The entire content of the website (images, texts, videos, database...) is subject to French and international legislation in force concerning intellectual property (copyright, trademark law, database law, etc.). If you notice that elements published on wanago.comp-pass.eu infringe copyright or other protected rights, please contact wanago.comp-pass.eu at the address contact@pistes-solidaires.fr or by mail at: Pistes-Solidaires - 17 bis, rue Pierre et Marie Curie - 64000 PAU - FRANCE.
We only grant you an authorization to view the content of our Service on a personal and private basis, to the exclusion of any public viewing or distribution. The authorization to reproduce is only granted in digital form on your computer for the purpose of viewing the pages consulted by your browser. Any other use (such as reproduction of brands and logos, extraction of all or part of the databases, etc.) is prohibited without our prior and express authorization.
9.2 Your intellectual property
You are and remain the sole owner of any rights to the content you publish on the COMP-PASS, under your sole responsibility.
By publishing content on wanago.comp-pass.eu , you acknowledge that you grant wanago.comp-pass.eu a worldwide, non-exclusive, transferable, sub-licensable and royalty-free license to access, store, use, reproduce, adapt, publish, and process the data published on wanago.comp-pass.eu in order to operate the services offered by wanago.comp-pass.eu .
10. CONTRACTUAL FRAMEWORK
The contractual framework applicable to the use of wanago.comp-pass.eu (“the Contract”) consists of the following documents, listed in descending order of priority:
- Any Special Conditions;
- These General Terms and Conditions of Use;
- The Privacy Policy ofwanago.comp-pass.eu
In case of contradiction between the different documents, the higher-level document will prevail for the obligation in question.
11. EVIDENCE
In application of the provisions of the Civil Code, you also acknowledge and accept that the digital data recorded on the servers belonging to us or placed under our control and kept in reasonable conditions of security, will be considered as providing proof of any use of a service or any other exchange (electronic messages, your connections on one or other of the services and websites, wanago.comp-pass.eu etc.) between us.
These computer records are admissible under the same conditions and with the same evidential force as any document that would be established, received, or kept in writing and will be deemed authentic between you and us until proven otherwise. In the event of a contradiction between the records, the records stored in our computer system will prevail.
12. VALIDITY OF CONTRACTUAL TERMS
If any of the provisions of this Agreement are found to be invalid under any applicable rule of law or any final court decision, such provision shall be deemed to be unwritten, without invalidating this Agreement or affecting the validity of the remaining provisions.
13. NON-RENUNCIATION BY ONE OF THE PARTIES
The fact that either party does not claim the application of any clause of the Contract or acquiesces in its non-performance, whether permanently or temporarily, shall not be interpreted as a waiver by that party of its rights arising from the said clause.
14. MODIFICATION OF THE TERMS AND CONDITIONS
We reserve the right to modify and update the documents constituting the Contract (GTC, Confidentiality Policy, etc.) as the functionalities we offer on COMP-PASS evolve. We will, of course, notify you of the changes made, via the service and the wanago.comp-pass.eu website or by sending electronic messages to the e-mail addresses you have provided to us.
These changes will be applicable one month after this notification.
15. USE OF ELECTRONIC MAIL
In application of the provisions of the Civil Code, you accept by these GCU that we may send you by electronic mail the information that may be necessary for the subscription or provision of the COMP-PASS service, as well as, more generally, any information sent within the framework of the execution of the GCU and, more generally, the Contract. To do this, we will use the email address(es) that you have given us.
16. JURISDICTION AND APPLICABLE LAW
The validity, interpretation, and execution of these GTUs are subject to French law.
In the event of a consumer dispute, we ask you to inform us in writing of the difficulty encountered at our postal address: Pistes-Solidaires - 17 bis, rue Pierre et Marie Curie - 64000 PAU - FRANCE.
If the proposed solutions do not bring you satisfaction and the dispute concerns the subscription of one of our online services, you can resort to a mediation service.
In the absence of an amicable agreement, the dispute will be submitted to the exclusive competence of the competent courts of the jurisdiction of the Court of Appeal of Pau, notwithstanding multiple defendants or guarantee appeals.
