Any access to and/or use of the Website's features implies the unconditional acceptance and respect of all the terms of these Legal Notices and GTCs.
Information about the publisher
This Website is accessible at the following address: http://www.invivox.com
It is published by IN SITU TRAINING (hereafter referred to as « IST »), a simplified stock corporation with an authorized capital of 211 325€ under French law, registered at the Rennes Trade and Companies Register under number 813 123 486, headquartered at 2, Allée Doyen Georges Brus, 33600, Pessac France, Intracommunity VAT number FR 17 813123486, represented by its President-in-Office.
Maureen Bloquet is the Website's publication director, tel.: +33 5 56 70 32 05, email: firstname.lastname@example.org.
Information about the hosting service provider
The Website is hosted by Cognix systems, SARL with a capital of 40 000 €, registered at the RCS of Rennes, under number B 444 724 462, headquartered at 50, Rue Paul Langevin – 35200 Rennes.
Intellectual property rights
This Website is an original creation, and should be considered as an intellectual work, protected by the provisions of the Intellectual Property Code.
The Website and each of the elements that comprise it (such as photographs, brands, images, illustrations, all text, including legal notices, logos and videos) are the subject of exclusive rights in favor of Invivox or of third parties from whom it has obtained exploitation rights.
On this basis, and pursuant to provisions of the intellectual property code, Website's content is restricted to a business and private use.
Outside this framework, the reproduction, representation, communication in any form, on any medium whatsoever, whether directly or indirectly, of all or part of the elements published on the Website, are specifically prohibited.
Any unauthorized use of the herein above mentioned elements shall constitute copyright infringement, subject to both civil and criminal sanctions.
Copyright © 2014-2016 IN SITU TRAINING – All rights reserved.
General terms and conditions of services
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 211 325, having its registered office at 2, allée Doyen Georges Brus, 36300 BORDEAUX, 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 plateform. 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 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 specifically to physicians and/or surgeons who are duly registrered and recognized as such in their country of exercise and who respect the conditions, usages and deontology of medical practice.
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 "Trainer") with Healthcare Professional Users wishing to follow training programmes or experience sharing (hereinafter referred to as the "Trainee").
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 Trainer.
Setting up a User account
A Healthcare Professional who wishes to become User of the Website shall create an account including a login (email address), password, as well as all identification information required by the Trainer in the capacity of a healthcare professional and/or training legal entity, pursuant to legislation applicable at the time of first visiting the Website.
Upon initial set up of his account, the User shall testify and confirm that he is a Healtchare Professional duly accredited in his country of practice, and provide to IST the best delays credentials proving his duly accredited Healthcare Professional status.
Upon reception by IST of such credentials, the User status is validated and he is a Trainee User who can participate in any training, for which he has been accepted by the Trainer, as per conditions explicited in the GTC. Prior to reception of the credentials his User status is “pending” and he cannot participate nor attend the Trainings offered on the Website.
Any User may freely access, without restriction, all information visible and available on the Website and registration of the User shall be confirmed as soon as credentials and all information required for account creation has been provided.
Registration of the Trainee User shall be confirmed as soon as all information required for account creation has been completed.
IST hereby reserves the right, subsequent to User account creation, to undertake all necessary verifications of information completed by the Trainee 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 Trainer User
Any User who has specific valuable expertise and wishing to offer a training session, by the intermediary of the Website, for Trainee Users, shall make a request to obtain the status of Trainer User. This request shall be reviewed by the Invivox Medical Advisors who will validate or refute the request according to the Invivox Chart of Medical Advisors (https://www.invivox.com/board-members).
IST is in charge of facilitating the process of transmission of information between the User and the Medical Advisors. In case of validation of the request by the Medical Advisors, obtention of the Trainer User status will be confirmed by IST provided all required information to set up a Trainer 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 Trainer and may, if it deems necessary, suspend any User account and/or revoke any Trainer User status if the User Trainer 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 User Trainer 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 Trainer 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 Trainer 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 Trainer advertisers are described pursuant to information provided by the Trainer 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 Trainer advertiser.
The booking of a training requiring payment by the Trainee when confirmed by the non-refusal by the Trainer of the Trainee attending his training, represents an implicit contract between the two Users; Trainer and Trainee.
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 Trainee payment, which will be transferred to the Trainer 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 shall hold a User account as mentioned in paragraph 3 above. The User Trainee shall also fill in a training request form on the Website. In the event the User account has not been validated at the time of booking, the User undertakes to provide all credentials and proofs required to validate his account within 72 hours, leading the User to obtain the Trainee status on Invivox.
In the spirit of the mentoring tradition, the Trainer holds the right to refuse access to one of his training to a Trainee, in the same way that a mentor has a say in the selection of his mentee. In order to exercise this right, the Trainer must inform IST by e-mail of his refusal, which needs to be motivated, or request for additional information on the Trainee within 72 hours of the booking made by the Trainee.
In the absence of refusal, and provided the User holds a valid Trainee status, IST will confirm by e-mail to the Trainee that his registration is definitive and that he can attend the training.
The implicit contract mentioned in paragraph 5, comes into force if and only if the booking is confirmed and at the date of confirmation.
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 Trainee User of amounts due for each registration.
In the event that the training booking made by the Trainee will be refused and therefore cancelled instead of confirmed, the Trainee will be refunded in full by IST.
6.1 Obligation of the Trainee User
By using the present Website, the Trainee 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 Trainee 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 Trainee for the purpose of compensating the prejudice suffered.
6.2 Obligations of the Trainer User
The products and services proposed on the Website are offered under the sole and exclusive liability of the advertising Trainer 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 Trainer on the Website, may be the object of a posteriori verification by the latter 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 Trainer 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 Trainer expressly authorises the Website to use its professional name for the purposes of promoting the training session proposed on any medium whatsoever.
The Trainer User hereby guarantees the authenticity of information and their compliance with legal provisions applicable.
The Trainer shall additionally be liable for progress of the training session organised. Consequently, the implicit training contract between the Trainer and Trainee who register for the training in question via the Website, shall be concluded directly between the Trainer and the Trainee without the liability of IST being incurred.
In the event the training sessions offered by the Trainer imply a medical intervention on a patient, the Trainer undertakes to inform and obtain the patient’s consent before performing the training session. In any case, the Trainer 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 Trainer for a professional healthcare Trainee 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 Trainer so as to receive registration fees payable for training sessions proposed by the Trainer.
Consequently, the amounts payable by Trainees, in line with the terms and conditions set forth under article 9 of the present GTCs shall be paid directly by the latters 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 Trainer 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 Trainer shall freely set the price for training sessions proposed.
The total training price listed on the Website is given in Euros or US Dollars and does not include sustenance, accommodation or transportation fees which the Trainee User may incur for the training session. This total price includes the price set by the Trainer 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 Trainee User is the price indicated on the detailed training session form.
Payment for the training session ordered by the Trainee User via the Website is made by bank card by the User logging in to the Website and having confirmed his/her User account.
Pursuant to the mandate issued by the Trainer to IST, secure online payment by bank card is offered on the Website via the financial partner of IST.
The following cards are accepted for online payments on the Website: American Express, Mastercard, Visa and any other card accepted by IST’s financial partner.
The invoice showing the amount set for the training session by the Trainer shall be issued by the Trainer. 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 plateform.
In the absence of any total amount due by the Trainee 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 moreover 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 Trainer, 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 Trainer User accepts complete liability and is guarantor towards the Trainee 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 Trainer does not correspond to the information provided on the Website, the Trainee User should send a complaint letter directly to the Trainer concerned with a copy also being issued to IST.
Cancellation of training sessions
For the Trainee User to cancel a reservation, cancellation has to be notified by the Trainee to IST bye-mail sent to: email@example.com. Upon reception of this e-mail, IST will confirm cancellation of the booking and the following financial rules apply
If the cancellation occurs fewer than 7 business days prior to the start of the training, the amount paid will be retained by the Trainer and IST for their respective fees, and no amount will be refunded to the Trainee.
If cancellation occurs more than 7 business days prior to the start of the training, the amount paid will be refunded to the Trainee, less Invivox’s commission. IST undertakes that this cancellation penalty fee is capped at a minimum of 90 € or USD – depending in which currency the training was booked - and a maximum of 20% of the total amount paid if the amount paid is greater than 450 € or USD
In all circumstances, IST undertakes to deploy its best effort to find a new Trainee for the training session impacted by the cancellation.
In the event of cancellation by the Trainer of the training or of no show by the Trainer, the full amount paid upon registration by the Trainee on the Website will refunded by IST to the Trainee, under the condition that the Trainee informs IST of the cancellation / no show at the lastest 24 hours after the date of the training.
Also, in case of registration refusal, as detailed in paragraph 6, IST undertakes to refund fully and diligently the amount to the Trainee.
Should a Trainee come to a training session and choose to leave before the end, or should a Trainee be excluded from a training because he does not abide by the Trainee 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 Trainer 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 Trainer 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.
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 firstname.lastname@example.org.
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.