General terms and conditions of use of the Pix platform

09.12.2020

1. Preamble

The Pix “Groupement d’Intérêt Public” (French public interest group; GIP) has developed this website and, more generally, the Pix Platform, within the framework of a public partnership with the French Ministry of National Education; the French Ministry of Higher Education, Research and Innovation; the National Centre for Distance Learning (CNED); the Université Ouverte des Humanités (Humanities Open University); and the Conservatoire National des Arts et Métiers (CNAM). It continues to develop it with its members and partners.

The Pix platform offers access to an online service for the assessment, development and certification of digital skills, in order to support the development of the overall level of digital skills and knowledge, and to prepare the digital transition of society and the economy.

The Pix platform is available at the following URL addresses: https://pix.fr and https://pix.org.

Users who wish to access or use the platform must read the entirety of these general terms and conditions of use in advance.

Every time they visit, users must check to ensure they are aware of any changes made to these terms and conditions.

They shall constitute the rules with which every user of the platform or the services must comply.

2. Definitions

The terms defined below will have the following meaning for the parties:

“terms and conditions of use” or “terms”: the present terms and conditions of use for the Pix platform;
“informational content”: all of the texts, photos, illustrations and links, with the exception of test content;
“test content” or “tests”: tests (statements, instructions, illustrations, download documents, lists of valid answers, etc.);
“data”: all information of any nature communicated by the organisation and/or users under their full responsibility, hosted by the Pix GIP and which will be processed in the context of implementation of the services;
“user account”: designates the space created by the user using their username and password, enabling access to the services;
“Pix GIP”: The “Pix” Groupement d’Intérêt Public (public interest group; GIP), approved by the order of 27 April 2017 approving the agreement establishing the “Pix” public interest group, which is publisher of the present website;
“login information”: the username and password provided personally and confidentially by the user when creating a user account, enabling access to services from a secure connection;
“Pix platform”: designates the website as defined hereinafter, as well as the public platform for the assessment and certification of digital skills, access to which is via the user’s connection to their user account on the website in order to access services (https://app.pix.fr and https://app.pix.org);
“website” or “site”: the Pix website accessible from the url https://pix.fr and https://pix.org (including the sub-domains https://pro.pix.fr and https://pro.pix.org);
“service” or “services”: Pix services accessible online in SaaS mode, enabling users to benefit from the features of the Pix platform, namely the assessment of their own digital skills, preparing and completion of the Pix certification, and provision of access to training content enabling the development of their skills and support from a third party;
“user”: all users of the site not equipped with an account or not logged into their account, as well as any natural person that has created an account in accordance with the conditions set out in the article “User accounts” and accessing services.

3. Purpose

The purpose of the present terms and conditions of use is to set out the conditions of use and access to the Pix platform.

Access and use of the Pix platform by a user imply they have read and agreed to the present terms.

4. Agreement and applicability

4.1 Agreement

Users may only use the Pix platform and benefit from services after agreeing to the present terms of use.

The present terms of use are available and accessible to all users of the site.

Prior to agreeing to the present terms of use, the users certify that they:

have the legal capacity to agree to the present terms of use;
have read and agreed in full to the present terms of use;
have understood all technical requirements.

Agreement to the present terms of use is formalised notably by the user that created the user account clicking on the checkbox “I agree to the Pix terms and conditions of use” after reading the present terms in full. This act is proof that the user has understood the aforementioned stipulations and agrees to the present terms.

Users may save and print the present terms of use using the standard features of their web browser or computer.

Users acknowledge that access to and use of the Pix platform and the services offered requires respect of all of the dictates of the present terms of use.

4.2 Applicability

The present terms of use are applicable to users as soon as they agree to them when creating a user account or before initial access to their user account, through their access and maintenance on the site.

In all cases, at the date of the first use of their user account and access to the site, the terms of use are understood to have been read and applicable to the user.

The Pix GIP reserves the right to make any changes it deems necessary and useful to the present terms of use.

The present terms of use are applicable throughout the duration of access to and use of the Pix platform and until new terms of use replace the present terms.

The Pix GIP (“Groupement d’Intérêt Public”: a French legal status for a special interest group or company) undertakes to communicate or make available to users any new conditions of use, by informing users as soon as possible of this provision where necessary (messages, banners, etc.).

Any use of the Pix platform by users following modification of the terms of use and the communication or availability of these implies agreement to the new terms of use.

The terms of use found online on the Pix platform, including the website, take precedence over any version printed at an earlier date.

If a user ceases to access or use the Pix platform, they shall still remain liable for any previous use.

5. User accounts

The procedure for creating a user account is comprised of the following steps.

Step 1. The user fills in a form on the Pix platform.

The form indicates the mandatory data to be provided to create the user account (first name, surname, email address, password).

The user must provide a valid email address that can be used, in particular, to send an email confirming creation of the user account. They must choose a password that complies with the following specifications:

Minimum 8 characters including at least one lowercase letter, one uppercase letter and one digit.

The user must confirm, by checking the box provided for this purpose, that they agree to the terms of use for the Pix platform.

Step 2. The user logs into their user account using their login information and is reminded that this information is personal and confidential.

Users are solely responsible for the storage and confidentiality of their password and, consequently, for the consequences of any involuntary disclosure to any other person.

Any use of the user account using the password attributed to the user is presumed to have come exclusively from the user.

The user undertakes to immediately report any theft of their password or any use by a third party of which they become aware. This report must be made using the form available at support.pix.org.

Passwords can be reset via the user account by clicking on the link “Password forgotten” and entering the user’s email address. An email will be sent to the user, enabling them to set a new password, which must also comply with the aforementioned specifications.

6. Access to the platform

The site is free to access, particularly to view general informational content.

Nonetheless, some parts of the Pix platform are available only to users with a personal account and password, in accordance with the terms of use found in the online registration form and the present terms and conditions of use.

The Pix platform is normally accessible 24 hours a day, 7 days a week, subject to any periods of interruption, notably for maintenance needs, at the discretion of the Pix GIP.

Users guarantee the accuracy of the information provided for the purposes of their registration.

Once the form has been submitted, an email confirming registration will be sent to the user.

Users without a personal user account are prohibited from accessing any user account and undertake not to enter or attempt to enter this area. Such access will be considered fraudulent access within the meaning of the provisions of the French Penal Code.

If a user without a personal user account accesses such a space, unpermitted, by accident, they undertake to report this to the Pix GIP via the form available at support.pix.org.

Users undertake to consider all information they become aware of at the time of such access to the personal space as confidential information and consequently undertake not to disclose it.

Any costs related to access, whether costs related to equipment, software or internet access, are the sole responsibility of the user. They are solely responsible for the proper functioning of their equipment and their internet access.

Due to the nature and complexity of the internet network and in particular its technical performance and response times for consulting, requesting and transferring data, the Pix GIP will make its best effort, in accordance with the state of the art, to enable access to and use of the Pix platform. The Pix GIP cannot ensure the absolute availability or accessibility of the website or services.

Subject to any contrary agreement with the Pix GIP, the latter reserves the discretionary right, without prior notice, nor giving rise to any damages, to temporarily or permanently close the site or access to one or more services, notably to complete updates, maintenance operations, or make changes to operational methods, servers and access hours, or for any other reason.

The Pix GIP is not liable for damages of any nature that may result from these changes or the temporary unavailability or indeed definitive closure of all or part of the site and the services associated with it.

The Pix GIP reserves the right, at any moment, to add to or change the Pix platform and, where applicable, the services available in accordance with technological developments.

It is the responsibility of the user to monitor any possible changes in the electronic and transmission resources available to them to ensure these resources are adapted to the site’s development.

The Pix GIP is bound to the user and in accordance with the standards and uses in the matter to a best-efforts obligation in the provision of the service.

The Pix GIP cannot be held responsible for the proper functioning of the user’s computer equipment or the user, nor for their internet access.

The Pix GIP informs users of the following technical requirements necessary for the proper functioning of the Pix platform and services:

An internet browser (Firefox, Edge, Chrome, Safari, Opera) in a recent version (no older than 2 years);
a functioning internet connection.

7. Security

Users undertake to use their user account and services and, more generally, the Pix platform only in accordance with the conditions set out in the present terms of use, and additionally:

not to misappropriate use of their user account for personal ends or for purposes contrary to the normal use of services;
not to commit any act of counterfeiting.

Users are liable for the use of their user account and services and, more generally, for use of the Pix platform. They undertake to use the user account faithfully, in accordance with the present terms of use, and any applicable laws and regulations, notably the laws related to intellectual and industrial property, and the protection of personal data and privacy.

The user shall not reproduce the tests or trials available on the site without authorisation.

Any reproduction, disclosure or revelation of the tests alone, as well as the associated answers, in any form whatsoever (specifically on the internet, such as on blogs, social networks, etc.), constitutes a serious breach of these general conditions of use, which is liable to harm the general interest of Pix GIP, the provision of the service and its reliability, Pix GIP’s reputation, its intellectual property rights, or equality between users.

8. Maintenance and support

8.1 Support

The Pix GIP provides support of a purely technical nature to Pix users who undertake, where applicable, to report any observed malfunctions in services.

Users can contact the Pix GIP technical support team on the website support.pix.org.

8.2 Ongoing maintenance

Services may evolve over time to take into account technological developments and user needs.

Services may be changed by the Pix GIP at any time.

It is the responsibility of the user to update their equipment (computer resources and software, such as updating the operating system or browser) at their own expense, in the event that changes to services reasonably require it to take into account developments in technological standards.

The Pix GIP cannot be held liable for damages of any nature resulting from the temporary unavailability of all or part of the services due to maintenance operations.

9. Liability

9.1 User liability

Users access and use the Pix platform at their own risk and liability, in accordance with the French legislation in force, and pursuant to the legislation applicable to them if the service is subject to any other public policy legislation, as well as these conditions of use.

The user is solely responsible for the legality of the data they communicate as part of their access and use of the Pix platform and waives the Pix GIP of any liability in this respect, herewith indemnifying the Pix GIP.

The user is solely responsible for the activities completed through their access to the Pix platform.

Users undertake not to disrupt the access and/or use of other users of the Pix platform and not to access the user accounts of third parties.

Users undertake not to commit any acts that could threaten the technical security of the Pix GIP or other users, in accordance with the article “Security”.

Users undertake not to interfere or interrupt the normal functioning of the user account and, more generally, the Pix platform.

Users undertake to compensate the Pix GIP, its director, staff and other agents in the event of complaints, actions, or legal proceedings against the former resulting from the user’s non-respect of the terms of use.

9.2 Pix GIP liability

Given the diversity of data sources in terms of the actions performed by different users, the number of uses, and the timescales required to transmit them, Pix GIP shall do all it can to ensure the general quality and relevance of the information disseminated.

The Pix GIP will do everything in its power to complete the operations incumbent upon it regarding user accounts in accordance with the state of the art.

The Pix GIP cannot be held liable for the quality of services, as these are offered “as is”, to which the user agrees.

Furthermore, the Pix GIP cannot be held liable:

in the event of temporary or total unavailability of all or part of access to the Pix platform and, more generally, for any lack of performance whatsoever;
due to an inability to access the Pix platform, linked to the destruction of equipment, cyber-attacks, or hacking, temporary or permanent removal, deletion, or prohibition, for any reason whatsoever, of access to the internet network;
within the limits of the legislation in force, for any indirect damages, notably including loss of revenue, data or any other loss of intangible goods, due to use of the Pix platform or, on the contrary, the inability to use it;
due to a malfunction, the unavailability of access, improper use, improper configuration of the computer or the user’s remote devices, or use of a browser or operating system little used by the user;
in the event of fraudulent or abusive use or due to voluntary or involuntary disclosure to any person of the access codes entrusted to the user.

The present clause remains applicable in the event of the nullity, resolution, cancellation, or defeasance of the present contractual relations.

10. Intellectual property

The Pix GIP is and remains the exclusive owner of elements protected and not subject to the open licence of the Pix platform according to the terms of the French Intellectual Property Code.

The Pix GIP’s copyright extends but is not limited to all documentation and databases on the Pix platform, as well as their interfaces, including tests.

The present terms of use are not designed to transfer or cede the intellectual property rights of the Pix platform or services to other users.

Consequently, users are prohibited from any act or action liable to directly or indirectly violate the intellectual property rights of the Pix GIP or third parties, or the present terms of use. Notably, they are prohibited from editing, copying, reproducing, downloading, publishing, transmitting, using for commercial purposes and/or distributing in any way whatsoever the site, services, tests, informational content, or data not provided by them, or the Pix platform, without prior consent from the Pix GIP.

Only use that complies with the purpose of the Pix platform is authorised. Any non-compliant use or use not expressly authorised by the Pix GIP within the present terms of use is prohibited.

The distinctive signs of the Pix GIP and its partners, such as domain names, brands, names and logos found on the site are protected by the French Intellectual Property Code. Any total or partial reproduction of these distinctive signs made from elements of the site without express consent from the Pix GIP is therefore prohibited.

11. Hypertext links

The Pix GIP reserves the right to insert hyperlinks on the Pix platform providing access to web pages other than those on its site or the Pix platform, over which the Pix GIP exercises no control.

The Pix GIP accepts no responsibility for the content of the information provided on these sites when activating hyperlinks. Their presence in no way implies that the Pix GIP adheres to or approves of their content or accepts any responsibility whatsoever for the content or use of these third-party websites.

Every user is solely and entirely responsible for accessing third-party websites.

In no event may this authorisation be understood as an implicit agreement of affiliation.

Any use of a hypertext link on a third-party site linking to any of the webpages of the Pix platform, except for the pages of the site, requires prior written consent from the Pix GIP.

12. Personal data

Information concerning the protection of personal data is set out in the document Personal data protection policy.

13. Resolution and cancellation of services

13.1 Unregistering and deactivation

Access to the user account is active as long as the user is logged on the Pix platform and uses its services.

Users can unregister from the Pix service by sending a request on the site support.pix.org.

If a user does not log on to or use their account for five (5) years, the Pix GIP may archive their data and reactivate their account at their request.

13.2 Suspension and exclusion

In the event of the user’s non-respect of the obligations of the present terms of use, the Pix GIP reserves the right, without giving rise to damages, to suspend access to the platform until the cause of the suspension has been resolved.

In the event of repeated or serious failure by the user to meet the obligations of these conditions, Pix GIP reserves the right to terminate the user’s registration and access without compensation, and to prevent access to their user account or to prohibit access to all or part of the services, without prejudice to any action under common law which may be taken against them.

14. Agreement of proof

Online agreement to the present terms of use by electronic means holds between the parties the same probative value as the agreement on paper.

The digital registers stored in the information systems of the Pix GIP will be stored in reasonable security conditions and considered as proof of communication between the parties. They will be admissible until there is evidence to the contrary.

The archiving of the terms of use for the Pix platform by the client and the Pix GIP may be completed on a reliable and sustainable medium that can be produced as evidence.

15. Nullity

If one or more stipulations of the present contract are held to be invalid or declared as such in application of a law or regulation or following a decision made final by a competent jurisdiction, the other stipulations will retain their full force and effect.

16. Applicable law

The present contract is governed by French law.

This is also the case for the substantive and formal rules, regardless of the places of execution of the substantial and accessory obligations.

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