These General Terms and Conditions of Services (hereinafter referred to as the "GTC") shall govern, without restriction or reserve, relationships between IN SITU TRAINING (also hereinafter referred to as "IST"), a simplified joint stock company (Société par actions simplifiée) incorporated under French law, with share capital of EUR 288 014, having its registered office at 21, rue Eugène et Marc Dulout, 33600 Pessac, France, and users of the website www.invivox.com, as identified by themselves at the time of account creation on said website (hereinafter referred to as "Users") as well as Users not yet identified.
IST is a transparent third party operator who facilitates access to medical trainings by aggregating the demand and the offering for such services on the invivox.com platform. IST does not assume any responsibility on information content nor on the services offered and delivered which are under the sole responsibility of the Users offering the services.
As such, IST provides professional healthcare Users with access to the website invivox.com (hereinafter referred to as the "Website").
IST is the Website Operator of www.invivox .com and can be referred as Website Operator hereafter.
Access to and use of the Website are solely intended for Healthcare Professionals and Institutions (hereinafter referred to as the “Institutions”) with intent to train health professionals. Access to and use of the website are entirely voluntary by the User who accepts, from the time of access, without reserves, the content of the present GTCs which may be completed, replaced or amended at any time and without prior notice by IST.
Healthcare professionals refers to the list of health professionals, as defined by the International Standard Classification of Occupations (ISCO) (ILO 2008; WHO 2010).
They should be duly registered and recognized as such in their country of exercise and should respect the conditions, usages and deontology of medical practice.
Healthcare Professionals include as well medical interns and medical residents who can provide a school attendance certificate.
Access to the Website without identification does not allow to benefit from the services offered on the Website.
Access without identification only allows for limited consultation of information accessible at www.invivox.com without any guarantee as to completeness or relevance of the training information.
The present GTCs are applicable to all services provided by IST for professional Users (hereinafter referred to as the "Parties"), under the condition that these be Healthcare Professionals respecting the legal terms and conditions for practicing as set forth by the Public Health Code and registered as such with the competent authorities.
Consequently, the Website serves as a platform connecting Healthcare Professional Users offering training sessions and sharing experience (hereinafter referred to as the "Faculty" or “Institution” as appropriate) with Healthcare Professional Users wishing to follow training programmes or experience sharing (hereinafter referred to as the "Attendee").
Consequently, IST only grants Users with a right of use over the content for professional purposes only, with the exclusion of any public distribution without the prior consent of the Website and the Faculty.
Setting up a Faculty / Institution / Attendee User account
A Healthcare Professional who wishes to become User of the Website shall create an account including a login (email address), a telephone number, their place of practice (hospital name), their medical specialty and a password.
After validation of their email, the User status is validated and they are considered a Attendee who can participate in any training, for which he has been accepted by the Faculty, as per conditions made explicit in the GTC.
In order to participate to a specific training, the User shall testify and confirm that he is a Healthcare Professional duly accredited in his country of practice. The Faculty may demand further information if necessary according to the information of the training course as listed on the Website.
Any User may freely access, without restriction, all information visible and available on the Website, however, prior to reception of the credentials, the User cannot participate nor attend any Trainings offered on the Website.
IST hereby reserves the right, subsequent to User registration to a training, to undertake all necessary verifications of information completed by the Attendee and may, if it deems necessary, suspend any User account which fails to respect legal or contractual obligations and / or the present GTC.
Identification of the Faculty User
Any User who has specific valuable expertise and wishing to offer a training session, by the intermediary of the Website, for Attendee Users, shall make a request to obtain the status of Faculty User. The application will be studied and the request will be automatically validated if the experience of the Faculty meets the standards of Invivox.
Any Institution wishing to propose courses through the Website should send an email to email@example.com in order to reach a commercial agreement. If this commercial agreement between IST and the Institution in question is agreed upon, a contract will be signed leading to the creation of an Institution account.
Regarding Faculty Users, in case of validation of their request, procurement of the Faculty User status will be confirmed by IST provided all required information to set up a Faculty account has been filled in.
Regarding Institution Users, in case of validation of their request, procurement of the Institution User status will be confirmed by IST provided all required information to set up an Institution account has been filled in.
IST hereby reserves the right, subsequent to User account creation, to undertake all necessary verifications of information completed by the User Faculty or Institution and may, if it deems necessary, suspend any User account and/or revoke any Faculty or Institution User status if the User fails to respect legal or contractual obligations and / or the present GTC, and / or in case of proven failure to abide by the good practices of medical training or to respect the medical deontology code of conduct.
The products and services displayed on the Website and which concern User’s training, are displayed under the sole and exclusive liability of the Faculty or Institution User who is advertising them on the Website.
Consequently, IST does not accept any liability as to the availability of any training session or service offer listed by the Faculty and/or Institution on the present Website.
Information displayed on the Website is given for information and may be amended without notice and is the sole and exclusive responsibility of the Faculty and/or Institution advertiser.
Under no circumstances whatsoever does the Website guarantee the accuracy or completeness of information displayed on the Website, nor does it accepts any liability as to the availability of the training offer indicated on the Website.
The fundamental service characteristics proposed by Faculty or Institution advertisers are described pursuant to information provided by the Faculty or Institution on the Website.
The Website shall make its best efforts to verify the accuracy and compliance with legal provisions of training sessions offered by the Faculty or Institution advertiser.
The booking of a training requiring payment by the Attendee when confirmed by the non-refusal by the Faculty /Institution of the Attendee attending his training, represents an implicit contract between the two Users; Faculty/Institution and Attendee.
IST, as third party transparent operator is not a party to the contract and is involved solely as a facilitator to the delivery of the training service, including by safeguarding the Attendee payment, which will be transferred to the Faculty/Institution only after verification that the training session has occurred.
Booking of a training offered on the Website
In order to book a training, the User must hold a User account as mentioned in paragraph 3 above. The User Attendee shall also fill in a training request form on the Website.
After payment of the amount listed in the description of the course has been made, the registration request of the Attendee will be immediately confirmed by IST via a Registration Confirmation Email sent to the Attendee. The registration of the Attendee is thus considered definitive.
The implicit contract between the Faculty/Institution and the Attendee, comes into force once the reservation of the place has been made by the Attendee and the payment has been completed.
Training sessions proposed on the Website are valid up to the limit of places available as indicated in the training session descriptor.
IST hereby reserves the right not to confirm an order for any reason whatsoever, notably due to the number of places available and the number of registrations already confirmed.
IST shall notify the User by any means and as soon as practically possible.
Moreover, all registrations may only be taken into account and confirmed by IST following full payment by the Attendee User of amounts due for each registration.
In the event that the training booking made by the Attendee is refused and therefore cancelled instead of confirmed, the Attendee will be refunded in full by IST.
Specific Regulations for Fellowships
The Faculty or Institution shall put a Fellowship proposal online with several possible dates, indicating a start date for the Fellowship.
The Attendee should make a registration request for the Fellowship, in the form “desired duration/date.” If the Faculty/Institution validates the request in the following 15 days, the Fellowship is considered validated. If the Faculty/Institution refuses or does not explicitly validate within 15 days, the Fellowship requested is refused.
Obligation of the Attendee User
By using the present Website, the Attendee accepts the present GTCs which, notwithstanding any stipulations expressly accepted in writing by IST, constitute obligations of the parties for use of the Website.
Consequently, the Attendee hereby undertakes to use the services offered by the Website up to the limit of conditions conferred for this purpose by IST, namely use for professional purposes.
Any other use for which provision is not expressly made in these presents may lead to exclusion of the User and prohibition for the latter to use the service proposed by the Website, without prejudice for any legal proceedings which may be incurred by the latter against the Attendee for the purpose of compensating the prejudice suffered.
Obligations of the Faculty User
The products and services proposed on the Website are offered under the sole and exclusive liability of the advertising Faculty or Institution User, who undertakes to make offers which comply with all of the national provisions applicable.
The Website may then refuse any training session, which it deems runs contrary to customs in the profession and legal provisions governing the profession concerned.
Consequently, the publication of any training offer proposed by the Faculty or Institution on the Website, may be the object of a posteriori verification by IST who may then undertake verification of the accuracy and compliance with the fundamental characteristics of the training offered, and reserves the right to purely and simply remove any training proposal which appears to run contrary to its interests whatever the reason.
In the event of the training offer being listed on the Website, the Faculty and/or Institution hereby expressly authorises IST to use the training content, in whole or in part, for the purposes of promoting and optimising the online service proposed.
Consequently, the Faculty and/or Institution expressly authorises the Website to use its professional name for the purposes of promoting the training session proposed on any medium whatsoever.
The Faculty/Institution User hereby guarantees the authenticity of information and their compliance with legal provisions applicable.
The Faculty/Institution shall additionally be liable for progress of the training session organised. Consequently, the implicit training contract between the Faculty /Institution and Attendee who register for the training in question via the Website, shall be concluded directly between the Faculty/Institution and the Attendee without the liability of IST being incurred.
In the event that the training sessions offered by the Faculty/Institution include a medical intervention on a patient, the Faculty/Institution undertakes to inform and obtain the patient’s consent before performing the training session. In any case, the Faculty shall be fully liable for progress of the training session.
The Website is a transparent intermediary with the purpose of listing training offers proposed by a professional healthcare Faculty or Institution for a professional healthcare Attendee under terms and conditions set forth by the former.
IST shall strive to offer uninterrupted access to the Website unless in the event of any case of force majeure or event out of its control, and subject to potential maintenance required for the due and proper performance of the platform which may be undertaken without prior notice to Users.
Under no circumstances whatsoever may IST be liable for interrupted access to the platform and the prejudice resulting therefrom, whatever the scope thereof for Users and third parties.
Moreover, it is incumbent on each User to take all appropriate measures in order to protect against the contamination of data, software or hardware against any potential viruses through the application or information published therein, and handling the back up of downloaded files.
IST may not be held liable for any problems in terms of the transfer of data, connection or non-availability of the network.
Moreover, the Website, operated by IST, acts as a representative for the Faculty or Institution so as to receive registration fees payable for training sessions proposed by the Faculty/Institution.
Consequently, the amounts payable by Attendees, in line with the terms and conditions set forth in the paragraph Prices and payment terms shall be paid directly by the latter on the secure online payment platform made available on the Website and managed by a payment service provider, in the name and on behalf of the Faculty/Institution who issues power thereunto.
Prices and payment terms
The training sessions presented on the Website, shall be the subject of specific pricing appearing in the detailed description for the training sessions proposed.
The Faculty or Institution shall freely set the price for training sessions proposed.
The total training price listed on the Website is given in Euros, US Dollars, CHF Francs, CFA Francs or Pound Sterling. This does not include sustenance, accommodation or transportation fees which the Attendee User may incur for the training session. This total price includes the price set by the Faculty or Institution at his own discretion as mentioned above and the IST commission fee for the transparent operator services rendered to the Users.
The price invoiced and payable in full by the Faculty User is the price indicated on the detailed training session form.
Payment for the training session ordered by the Attendee User via the Website is made by bank card, SEPA payment (solely for courses organized by a Faculty/Institution registered in a country in Europe) or bank wire (solely for courses organized by a Faculty/Institution registered in a country in Europe) by the User logging in to the Website and having confirmed his/her User account.
Pursuant to the mandate issued by the Faculty or Institution to IST, secure online payment by bank card, SEPA payment or bank wire is offered on the Website via the financial partner of IST with which the Faculty or Institution has created an account.
The following cards are accepted for online payments on the Website: American Express (except for courses organized by a Faculty/Institution registered in a country in Europe), Mastercard, Visa and any other card accepted by IST’s financial partner.
The invoice showing the amount set for the training session by the Faculty/Institution shall be issued by the Faculty/Institution. The invoice for the commission fee of IST shall be issued by IST. IST, as third party transparent operator mandates its financial partner to intervene as a secure payment platform.
In the absence of payment of any total amount due by the Attendee User, no registration may be processed, or considered as definitive.
The Website is proposed in its current format and IST cannot be held liable in the event of any damages resulting from inadequacy of the Website for any particular use or User requirements.
IST may not moreover be held liable for the use made by the User of information made available via the Website, with the User being and remaining liable for all decisions and choices made.
IST hereby reserves the right to amend and/or improve the Website at any time if it deems this necessary or useful and may under no circumstances whatsoever be held liable for damages which result from its own actions.
IST hereby reserves the right to remove the Website at any time and for any reason whatsoever. In this instance, and notwithstanding any information to the contrary expressly provided by the Faculty, registrations confirmed by IST shall lead to performance of the training sessions proposed.
The User hereby expressly accepts and acknowledges that any content and information obtained via the Website shall be done so under its own liability and it is entirely liable for any damage or harm caused to its web browser system and any loss of data which may result from downloading said content.
The User is personally and exclusively liable for hardware, software, the browser, modem or more widely all equipment which it required for use of the Website.
Concerning information published on the Website and concerning the training sessions presented and accessible at www.invivox.com, the Faculty User accepts complete liability and is guarantor towards the Attendee User for progress of the training session pursuant to information supplied and included on the Website.
In such instance as the training actually dispensed by the Faculty does not correspond to the information provided on the Website, the Attendee User should send a complaint letter directly to the Faculty concerned with a copy also being issued to IST.
The User declares to having taken notice of the clauses of article 9 of the civil code relating to the respect of privacy as well as the case-law relating thereto and as a result of which, they expressly consent that an audiovisual recording or photographs of their person be made by the Faculty / Institution or IST for public-promotional purposes and commercial. This media may notably be the subject of a commercial broadcast on the Website as well as an image capture on all media (papers, brochures, DVDs, digital or analog projection, iPad, etc ...) for commercial purposes.
Cancellation of training sessions
For the Attendee User to cancel a reservation, cancellation has to be notified by the Attendee to IST bye-mail sent to: firstname.lastname@example.org. Upon reception of this e-mail, IST will confirm cancellation of the booking and the following financial rules apply:
Less or equal to 30 (thirty) working days before the course, the total amount paid for the registration will be acquired by the Faculty and IST and no refund will be made to the Attendee.
More than 30 (thirty) working days before the course, the amount paid for registration will be entirely refunded to the Attendee.
If different conditions of cancellation should be applied because of a specific agreement with the Faculty/Institution, these cancellation conditions will be explicitly detailed in the description of the course in question. The Attendee User is responsible for staying informed with the conditions detailed in the description of the course in order to be sure of the cancellation conditions being applied.
In the event of cancellation by the Facuty or Institution of the training or of no show by the Faculty, the full amount paid upon registration by the Attendee on the Website will refunded by IST to the Attendee, under the condition that the Attendee informs IST of the cancellation / no show at the latest 48 hours after the date of the training.
Should an Attendee come to a training session and choose to leave before the end, or should an Attendee be excluded from a training because he does not abide by the Attendee Code of Respectful Conduct, he will not be refunded of any amount.
All intellectual property rights, in particular copyright, concerning the general structure and organisation of the Website and all texts, images, whether or not animated, photographs, sounds and any other element comprising the Website, shall remain the exclusive property of IST or their respective proprietor, subject to those elements protected by intellectual property right and belonging to Users.
Any operation, commercial or otherwise, and notably any download, copy, reproduction, distribution, transfer, publication, adaptation, translation or representation, in whole or in part, of the Website by any means or process, existing or future, on any medium, existing or future, without the prior written consent of IST is prohibited and likely to lead to legal action, notably for counterfeit, and sanctioned by articles L. 335-2 et seq of the Intellectual Property Code, subject to application of article L. 122-5 of said Code.
Any authorised use of elements comprising or appearing on the Website and belonging to IST should be undertaken without damage, modification or alteration of any manner whatsoever.
The name INVIVOX is a community trademark deposited under number 14365282.
Any use of a similar or identical sign to refer to identical or similar products and/or services is prohibited notwithstanding prior express authorisation from IST.
IST, which manages and operates the Website benefits in this capacity from a user licence over intellectual property rights pertaining to content provided by Faculty/Institution Users for publication on the Website and for the entire term of existence of the training sessions proposed.
By virtue of this licence, IST is notably authorised to reproduce and represent content provided by Faculty/Institution Users on the Website in whole or in part.
In this framework, IST is authorised to amend said content in order to respect the style guide of the Website and/or in order to make this compatible with technical requirements and performance.
In the framework of the services offered, IST is led to collect a certain amount of information concerning Users, and required for the due and proper operation of the Website as well as for processing the requests made by Users.
Email addresses entered on the Website by Users at the time of registration may be the object of electronic issue or email shots for information and services proposed by IST.
IST shall retain all information notified by Users who accept that the Website make free and unrestricted use thereof.
Users hereby acknowledge moreover that it is necessary to notify the Website of any modification which may be made subsequent to registration and which amends the data collected by IST (notably any change in professional residence, change to conditions of trading, etc.).
In the framework of processing professional data belonging to Users, IST may freely use this information subject to not disclosing information covered by professional confidentiality. For more information, it’s recommended to consult IST’s Charter of Confidentiality.
In the event of modification of information sent, for any issue pertaining to the present GTCs and more widely the services proposed by the Website, Users can write to IST at the address appearing at the top of these presents or by email to email@example.com.
In such instance as any of the provisions in the present GTCs should be invalid in light of any rule of law in force or definitive legal decision, it shall be deemed as unwritten without however leading to invalidity of the present GTCs, nor altering the validity of all other stipulations herein.
Applicable law and jurisdictions
The present GTCs are subject to French law and drafted in French. Any translation hereof into a foreign language shall only be undertaken as a guide, with the French version prevailing.
Any disputes arising from performance or the interpretation of the present GTCs and more widely from relations of any kind between IST and the User shall fall within the sole and exclusive competence of the Paris Courts, notwithstanding any fundamental legal provisions or public order provisions to the contrary.
Any User residing outside of France accepts that any disputes arising in the framework of performance hereof be subject to French law and the Paris Courts.