General terms and conditions of sale

1. Subject

These General Terms and Conditions of Service (here in after "GTS") apply to all orders placed with Gustave Roussy by its customers (here in after "Customer(s)"), both in France and abroad. These GCS may only be modified by Special Conditions previously and expressly accepted in writing by Gustave Roussy and by the Customer.

Placing an order implies the customer's full and unreserved acceptance of these GST, and the customer shall ensure that all its employees, servants and agents comply with them.

The customer acknowledges that, prior to signing the order form, he or she has received sufficient information and advice from Gustave Roussy to ensure that the services offered are appropriate for his or her needs.

Gustave Roussy reserves the right to revise these T&Cs at any time, with the new terms and conditions applying to all new orders, regardless of the prior relationship between Gustave Roussy and the customer.

2. Prices and payment

The price of training courses is that in force at the time the order is issued. Any discount previously granted may be modified with each new order. The prices are expressed in euros excluding taxes and are not increased by the VAT rate. They can be consulted on the Gustave Roussy website at http://enseignement.gustaveroussy.fr. The price of the training does not include the costs of access to the service (acquisition of technical equipment, internet connection).

In the event of payment by an Approved Collector Joint Body, it is the client's responsibility to apply to the Approved Collector Joint Body, before the start of the training course for reimbursement. The financing agreement must be communicated at the time of registration. In case of partial coverage by the Approved Collector Joint Body, the difference will be directly invoiced to the Customer. If Gustave Roussy does not receive the agreement from the Approved Collector Joint Body, before the start of the course, the full cost of the course may be billed to the client on the first day of the course. If the client's Approved Collector Joint Body, does not pay, for whatever reason, the invoice becomes due and payable to the client.

Any training course started is considered as due in its entirety.

In case of payment by credit card, we do not save the credit card details.

3. Cancellation, replacement, postponement

In the event of cancellation less than 72 hours before the start of the training, 10% of the total amount of the course will be charged for the costs incurred in organizing the course.

Substitutions of participants are permitted provided Gustave Roussy is informed forty-eight [48] hours before the start of the training course, free of charge, upon written communication of the names and contact details of the substitutes. Failing this, compensation corresponding to the cost of registration for the said training will be due to Gustave Roussy.

If the number of participants in a course is deemed insufficient for educational reasons, Gustave Roussy reserves the right to cancel the course at least one week before the scheduled date. In this case, the registration fee paid in advance will be fully refunded or, at the Customer's convenience, a credit note will be issued.

Gustave Roussy reserves the right to postpone the course, to modify the content of its program or the instructors, while maintaining the same initial educational quality, if circumstances beyond its control oblige it to do so.

4. Training agreement

A simplified training agreement must be signed between Gustave Roussy and the institution in charge of the training before the training begins.

5. Access to the service

a. Technical requirements

The customer must ensure beforehand, and throughout the use of the service, that his technical environment is permanently compatible with the platform used by Gustave Roussy. Gustave Roussy is at the customer's disposal to perform the necessary technical tests.

The customer may not claim incompatibility or lack of access to the module(s) after the preliminary test.

b. Access to the online module(s)

The physical person registered by the Client for the training (here in after the "Beneficiary") accesses the module via a remote access on the platform. He/she chooses his/her login and password.

After payment by credit card, the beneficiary accesses the training platform as well as the associated services (videos, quiz, discussion forum...).

If the training is fully or partially covered by a collecting organization, the beneficiary is also invited by e-mail to participate in the training once the simplified training agreement is signed by both parties.

The beneficiary will be able to access the training modules during the whole training period

6. Terms and Conditions of Use of the Service

a. Personal right of use

The beneficiary's connection identifiers are personal and confidential and may under no circumstances be transferred and/or shared with another person, whether or not an employee of the Customer, or resold.

In the event of the transfer or sharing of identifiers, Gustave Roussy reserves the right to suspend access to the platform, without compensation or notice.

b. Duration and guarantee of the service

Access to the training ordered is valid for the duration specified at the time of the order, and is available twenty-four [24] hours a day, seven [7] days a week. There is no limit to the duration of each connection, except in the case of a possible breakdown or the technical characteristics of the Internet network.

The customer agrees to inform Gustave Roussy within twenty-four [24] hours of any technical malfunction.

1. Technical malfunction.

Gustave Roussy undertakes to remedy any technical malfunction within forty-eight [48] working hours. After this period, Gustave Roussy will extend the period of access to the module for a period corresponding to that of the unavailability.

Nevertheless, Gustave Roussy cannot be held responsible for connection difficulties in the event of Internet access failure or connection failure due to

• a case of major force
• power cuts
• interruptions related to service providers, hosts and access suppliers.

2. Maintenance.

Gustave Roussy reserves the right to carry out any maintenance operation on its server and will make every effort :

• give the Customer at least forty-eight [48] hours' notice
• to limit the time of interruption of the service to the strict minimum
• extend access to the module for a period corresponding to that of the service interruption.

The Customer undertakes not to claim any compensation in this respect and furthermore declares that he accepts both the characteristics and the limits of the service provided by Gustave Roussy.

3. Non-compliance and anomalies

Non-conformity" refers to any discrepancy between the module(s) delivered and the order form signed by the Customer.

Anomaly" means any incident, blockage, performance degradation, failure, non-compliance with the functionalities defined in the documentation made available to the Customer and users on the website, preventing the normal use of all or part of the module(s). Gustave Roussy does not guarantee uninterrupted and error-free operation of the module(s).

Any complaint concerning the non-conformity or anomaly of the module(s) delivered in relation to the above-mentioned documentation must be made in writing within 8 days of the delivery of the access keys to the module(s). It is the Customer's responsibility to provide any justification as to the existence of the anomalies or non-conformities noted. Only Gustave Roussy may work on the module(s). The Customer shall refrain from intervening himself or having a third party intervene for this purpose.

However, the guarantee is not applicable if the anomaly originates in the following cases, without this list being exhaustive

• the technical requirements have been modified without the prior agreement of Gustave Roussy.
• the anomalies are due to programs not supplied by Gustave Roussy.
• the anomalies are linked to incorrect handling or handling that does not comply with the documentation available on the website.

7. Limitation of guarantee

Gustave Roussy makes every effort to ensure permanent access to its websites as well as the accuracy and updating of the information available on its sites, but is only bound by an obligation of means towards the Customer. Gustave Roussy shall not be held liable in the event that the Customer fails to comply with its contractual obligations.

The Customer or the beneficiary, whether or not they are legal professionals, are solely responsible for the choice of the training courses purchased, as well as for the use and interpretation they make of them, the results they obtain, and the advice and actions they deduce and/or issue. Under no circumstances is the content of the sites described herein intended to replace or substitute for the consultation of an advisor.

In any case, if Gustave Roussy is held liable, the amount of its guarantee is limited according to the terms of the article "Liability, indemnities, major force" of the GCS.

8. Right of withdrawal of the individual customer

In compliance with the regulations of the French Labour Code, the individual Client (to know the beneficiary undertaking a training course on an individual basis and at his/her own expense) is free to withdraw under the legal conditions and to cancel his/her order at least three days (3 days) before the beginning of the training course. The payment will then be refunded free of charge.

Translated with www.DeepL.com/Translator (free version)

9. Confidentiality, personal data

In order to follow the training courses provided by Gustave Roussy, it is necessary to identify oneself using the connection identifiers provided at the time of registration. In order that the beneficiary does not have to identify him/herself at each page visited, a "cookie" is used, a file saved on his/her machine during his/her visit to the site. This file does not contain any personal information (only a session identifier).

The protection of personal data is ensured according to the provisions of the article "Data processing and freedom / protection of personal data" of the CGS.

10. Liability, compensation, major force

The employer - or, as the case may be, the participant - undertakes to take out and maintain, in anticipation of and for the duration of the training course, civil liability insurance covering bodily injury, material and immaterial damage, both direct and indirect, that may be caused by his or her actions or those of his or her employees to the detriment of Gustave Roussy. The participant also undertakes to take out and maintain civil liability insurance that also names Gustave Roussy as the insured party for any prejudicial acts to third parties caused by the participant and contains a clause waiving recourse so that Gustave Roussy cannot be sought or worried.

Gustave Roussy's liability to the Customer is limited to compensation for direct damages proven by the Customer and is in any event limited to the amount paid by the Customer for the service provided.

Gustave Roussy shall in no case be liable for indirect damages such as loss of data, loss of files, operating loss, commercial loss, loss of profit or damage to image and reputation.

In all cases, Gustave Roussy's liability is excluded in the event of major force.

11. Intellectual property, confidentiality

The customer may only use Gustave Roussy's proposals, work, studies and concepts, methods and tools for the purposes stipulated in the order.

Gustave Roussy co-owns the intellectual property rights to the training courses it provides with the trainers. All teaching materials, whatever their form (paper, digital, oral, etc.) used in the context of the order may not be used in any context other than that of the training course provided by the Cancer Sciences School, which is the subject of the order.

The Customer shall not use, reproduce, directly or indirectly, in whole or in part, adapt, modify, translate, represent, market or distribute to members of its staff who are not participants in Gustave Roussy's training courses or to third parties the course materials or other educational resources made available to it without the express written authorization of Gustave Roussy or its beneficiaries.

The parties undertake to keep confidential any information and documents of an economic, technical or commercial nature concerning the other party to which they may have access during the execution of the contract.

12. Communication

The Customer agrees to be cited by Gustave Roussy as a Customer of the services offered in the context of its commercial activity, at Gustave Roussy's expense.

To this end, and subject to compliance with the provisions of Article 7 above, Gustave Roussy may mention the Customer's name, together with an objective description of the nature of the services, in its reference lists for the purpose of both external and internal communication.

14. Applicable Law and Jurisdiction

This agreement is governed by French law.

Any disagreement which has not been settled amicably will be brought before the competent court in accordance with the rules of the Code of Civil Procedure.

Sciences School of Cancer

Gustave Roussy - 114 Rue Edouard Vaillant - 94805 Villejuif cedex
Tel: (+33) 1 42 11 42 11
N° SIREN : 775 74 11 01 CODE APE 8610Z
VAT NUMBER: FR 91775741101 00031