General Terms and Conditions of Use and Sale

Last updated: March 11, 2024

Terms & Conditions

The purpose of these general terms and conditions of use (known as the "T&Cs") is to provide a legal framework for the terms and conditions of provision of the site and services by elloha and to define the conditions of access and use of the services by the "User".

These T&Cs are available on the website under the "T&Cs" section.

Article 1: Legal notices 

Editing and directing the publication of the https:// siteelloha.com/campus is provided by elloha :

2 bis rue des Fabriques d'en Nabot, 66000 Perpignan
Email: contact@elloha.com

Phone : 04.20.88.01.56

ELLOHA, Simplified Joint Stock Company (SAS), with a capital of €1,287, registered under the SIRET 83785680600034 and registered with the Perpignan Trade and Companies Register under number: B 837 856 806.

ARTICLE 2: Access to the site 

The https://elloha.com/campus allows the User free access to the following services:

- The website offers the following services: Training.

ARTICLE 3: Data collection 

The site ensures that the user collects and processes personal information in accordance with the law n°78-17 of 6 January 1978 relating to information technology, files and freedoms. In accordance with the Data Protection Act of 6 January 1978, the User has the right to access, rectify, delete and oppose his or her personal data. The User exercises this right, by email, to the following email address: contact@elloha.com

ARTICLE 4: Intellectual property 

The trademarks, logos, signs as well as all the content of the site, in particular the texts, images and sounds, are protected by the Intellectual Property Code and more particularly by copyright. The User must request the prior authorization of the site for any reproduction, publication or copy of the various contents. He/she undertakes to use the contents of the site in a strictly private context, any use for commercial and advertising purposes is strictly prohibited. Any total or partial representation of this site by any means whatsoever, without the express authorization of the website operator would constitute an infringement punishable by Article L 335-2 et seq. of the Intellectual Property Code. In accordance with Article L122-5 of the Intellectual Property Code, the User who reproduces, copies or publishes the protected content must cite the author and his source.

ARTICLE 5: Liability 

The sources of the information disseminated on the site https://elloha.com/Campus are believed to be reliable, but the Site does not warrant that it is free from defects, errors or omissions. The information provided is for information purposes only and is not contractual. Despite regular updates, the site https://elloha.com/campus cannot be held responsible for any changes in administrative and legal provisions that occur after publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained in this site. The site elloha.com/campus cannot be held responsible for any viruses that may infect the Internet user's computer or any computer equipment following use, access or downloading from this site. The site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.

ARTICLE 6: Hypertext links 

Hypertext links may be present on the site. The User is informed that by clicking on these links, he will leave the site https://elloha.com/campus. The latter has no control over the web pages on which these links lead and cannot, under any circumstances, be responsible for their content.

ARTICLE 7: Cookies 

The User is informed that during his visits to the site, a cookie may be automatically installed on his browser software. Cookies are small files temporarily stored on the User's terminal by their browser and which are necessary for the use of the website https://elloha.com/campus. Cookies do not contain personal information and cannot be used to identify a natural person. A cookie contains a unique, randomly generated and therefore anonymous identifier. Some cookies expire at the end of the user's visit, others remain. The information contained in the cookies is used to improve the site https://elloha.com/campus. By browsing the site, the user accepts them. However, the user must give consent to the use of certain cookies. In the absence of acceptance, the User is informed that certain features or pages may be refused. The user can disable these cookies through the settings in their browser software.

ARTICLE 8: Publication by the User

In his/her publications, the member undertakes to respect the forum's moderation charter and the rules of law in force. The site may exercise moderation on publications and reserves the right to refuse to put them online, without having to justify it to the member.

The Member remains the owner of all his intellectual property rights. However, by publishing a publication on the site, he/she grants the publishing company the non-exclusive and free right to represent, reproduce, adapt, modify, disseminate and distribute his/her publication, directly or through an authorized third party, throughout the world, on any medium, for the duration of the intellectual property. In particular, the member assigns the right to use his/her publication on the internet and on mobile telephone networks.

The publishing company undertakes to include the member's name in the vicinity of each use of his publication. Any content posted online by the User is the sole responsibility of the User. The User undertakes not to upload content that may harm the interests of third parties. Any legal action brought by an aggrieved third party against the site will be taken care of by the User.

User Content may be removed or modified by the Site at any time and for any reason, without prior notice.

ARTICLE 9: Applicable law and jurisdiction

In accordance with Article L. 612-1 of the French Consumer Code, the consumer, subject to Article L.612.2 of the French Consumer Code, has the right to submit a request for amicable resolution by means of mediation, within a period of less than one year from the date of his written complaint to the professional.

elloha has designated, by registered membership under number 52601/VM/2403, SAS Médiation Solution as a consumer mediation entity.

To refer the matter to the mediator, the consumer must make his request:

- Or in writing to: Sas Médiation Solution - 222 chemin de la Bergerie 01800

Saint Jean de Niost

-Or by email to: contact@sasmediationsolution-conso.fr

-Or by filling out the online form entitled "Refer to the mediator" on the website https://www.sasmediationsolution-conso.fr

Regardless of the means of referral used, the request must contain:

- The applicant's postal, telephone and e-mail address,

- The name, address and registration number at Sas Médiation Solution, of the professional concerned,

- A brief statement of the facts,

- Copy of the prior claim,

- All documents allowing the processing of the request (purchase order, invoice, proof of payment, etc.)

General Terms and Conditions of Sale

elloha, (SAS), whose registered office is located at 2 bis rue des Fabriques d'en Nabot, 66000 Perpignan

I.PREAMBLE

These General Terms and Conditions of Sale (hereinafter referred to as the "T&Cs") govern in their entirety all sales made by ellohafor businesses and individuals. In particular, they specify the conditions of ordering, payment, delivery and management of any returns of services ordered by Customers.

The Client is required to read them before placing an order. The choice and purchase of a service is the sole responsibility of the Client.

These General Terms and Conditions of Sale are accessible at any time on the https://www website.elloha.com/campus and will prevail, if applicable, over any other version or contradictory document.

The Client declares that he/she has read these General Terms and Conditions of Sale and has accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure as well as the general terms and conditions of use of the website.

Any document other than these general terms and conditions of sale, and in particular catalogues, prospectuses, advertisements, notices, is for informational and indicative purposes only, and is not contractual, with the exception of any other written agreement between the Parties that may expressly derogate from these general terms and conditions of sale.

As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.

Any clause herein that is deemed unwritten or null and void does not entail the nullity of the T&Cs as a whole.

In the absence of evidence to the contrary, the data recorded in the computer system of elloha constitute proof of all transactions concluded with the Client.

II. ATTENDANCE

The service offered by elloha is essentially based on the Client's full involvement. Failure to invest entails a real risk of depreciation of the quality of service. The Client therefore undertakes to respect the learning methods as well as their frequency. The recommendations made by the teacher as well as the documents, intended for the performance of the service, given to the Client serve as an obligation. In the event of non-compliance with the latter, the following cannot be blamed: elloha the quality of its service. In the context of the Client's necessary cooperation, the commitments listed in the Charter are contractual.

III. SERVICE

"Service" means any order relating to the services provided by elloha and accepted in writing by it, together with the payment provided. In the event of a change to the order by the Client, elloha will be released from the agreed deadlines for its execution. The Client is the sole owner of the service, his use is strictly personal.

Service Description: elloha offers e-learning training.

Terms of Use: elloha uses communication tools, including Meet and 360Learning, in its online courses.

Conditions of access to the service: to be eligible for the service, the beneficiary must: have a SIRET, be in an ACRE program, be an employee or have a professional project related to the field of tourism and/or leisure. They must also be able to take online training.

IV. INTELLECTUAL PROPERTY

All learning devices provided to our Clients remain the exclusive property of elloha and must be returned to him at his request. The Client undertakes not to make any use of these documents that may infringe the intellectual property rights of elloha whether it is to reproduce, exploit, disseminate, for any purpose whatsoever, even partially, as well as to disclose to third parties without the express written consent of elloha. Failure to respond does not equate to acceptance. The Client shall refrain from infringing, directly or indirectly, the copyrights attached to the products and services.

V. PERSONAL DATA, NETWORK AND HOSTING

elloha undertakes to process personal data in accordance with the applicable data protection regulations. elloha undertakes to provide a secure and compartmentalized network and hosting in order to guarantee the integrity of the system as well as the data that composes it, in particular financial. The Data Controller guarantees, as such, to put in place and regularly and thoroughly test sufficient security measures to protect the integrity and confidentiality of the data as well as to ensure that the data is not compromised, lost, destroyed, altered, disclosed, etc., without appropriate authorization. The Client has the right to access, rectify and object to the processing of his personal data. To exercise these rights, it is sufficient to make a request by e-mail to the abovementioned address.contact@elloha.com), proving his identity and a legitimate reason if required by law.

VI. Quotations

The Client may request a quote from elloha.  This quote, once validated by the authorized persons, can be returned signed by the Client by email, post or fax to elloha.  It must be accompanied by the mention "good for agreement" which constitutes acceptance of our General Terms and Conditions of Sale. It will then be treated as a purchase order and will result in the issuance of an invoice by elloha.  Offers are subject to availability. In the event of a quote, the offer remains valid for one week unless otherwise stipulated in the offer. The sale is deemed to have been concluded on the date of payment by the Client.

VII. PRICES AND TERMS

Prices of elloha are exclusive of taxes.

VIII. WITHDRAWAL

The Client has a right of withdrawal set at 14 days in accordance with the legislation in force.

The Client withdraws as soon as possible by e-mail to the following address: contact@elloha.com. The Client must indicate whether he/she wishes to be reassigned to a new session or if he/she wishes to have his/her payment returned. The refund of the payment will be made within 30 days of the request.

IX. RETENTION OF TITLE

The services are sold on a reservation of title basis. elloha expressly reserves ownership of the delivered products until full payment of the price of sales, costs and accessories. Any clause to the contrary shall be deemed to be unwritten.

X. LICENSES

All components of the program are available in the form of a user license. In the case of software elloha or third-party software provided by elloha, the conditions of licence for elloha or the third party's license terms apply. elloha grants the Client a non-exclusive, non-transferable right to the software and other contractual work (including but not limited to: analysis, documentation) excluding the right to grant sublicenses. All other rights, in particular copyrights, in software and other contractual works remain the property of elloha or, in the case of third-party software, the respective manufacturer.

XI. WAIVER

Waiver or delay of elloha to denounce a breach by the other Party of any of its contractual obligations or to assert its rights shall not constitute a waiver of the subsequent exercise of these or other rights or of the denunciation of a subsequent breach.

XII. LIABILITY

The responsibility of elloha cannot be sought in the event of a breach by the Client of its obligations contained in these T&Cs. The responsibility of elloha cannot be held for acts relating to a case of force majeure (see the "Force majeure" clause), an unforeseeable event or the act of a third party or the victim of the damage as defined by the French courts. The responsibility of elloha is strictly limited to the obligations expressly stipulated in the contract. Technical failures related to the communication media do not in any way allow the Client to engage the responsibility of elloha. In the event of a default, it is the Client's responsibility to contact the representatives of these communication platforms.

XIII. FORCE MAJEURE

elloha shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code. The Party observing the event must immediately inform the other party of its inability to perform its service and justify it to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor may it lead to the payment of damages or penalties for late payment. The performance of the obligation is suspended for the duration of the force majeure if it is temporary. Therefore, as soon as the cause of the suspension of their reciprocal obligations has ceased, the Parties will make every effort to resume the normal performance of their contractual obligations as soon as possible. To this end, the Party prevented from doing so shall notify the other party of the resumption of its obligation by any means. If the impediment is definitive, these terms and conditions will be purely and simply rescinded.

XIV. CONFIDENTIALITY AND TRADE SECRETS

The parties agree to treat as confidential all information, data that is disclosed to the parties under the contract and not to disclose them or make them accessible to third parties. elloha is and remains the legitimate Holder, within the meaning of Article L. 151-2 of the French Commercial Code, of the information covered by the Trade Secret that it uses for the purposes of its service, if applicable. The Client undertakes not to make any use of this information, which may be made available to him, which may call into question the secret nature of the information and constitute an unlawful infringement as defined by the French Commercial Code (art. L.151-4 to L.151-6). The Client further undertakes to protect this information with measures similar to those it uses to protect its own confidential, proprietary or trade secret information. Any failure by the Client shall entitle to elloha the right to claim damages for their harm

XV. Programme "Support for VSEs/SMEs in the digital transformation"

The beneficiaries of the program to support VSEs / SMEs in digital transformation in partnership with France Num and BPI France undertake to read and accept the General Terms and Conditions of Use and the declaration on honor specific to the program in addition to the general conditions of sale and use ofelloha present here. 

General Terms and Conditions of Sale and Declaration on Honour - Campus France Tourisme

XVI. LITIGATION

In accordance with Article L. 612-1 of the French Consumer Code, the consumer, subject to Article L.612.2 of the French Consumer Code, has the right to submit a request for amicable resolution by means of mediation, within a period of less than one year from the date of his written complaint to the professional.

elloha has designated, by registered membership under number 52601/VM/2403, SAS Médiation Solution as a consumer mediation entity.

To refer the matter to the mediator, the consumer must make his request:

- Or in writing to: Sas Médiation Solution - 222 chemin de la bergerie 01800 Saint Jean de Niost

- Or by email to: contact@sasmediationsolution-conso.fr

- Or by filling out the online form entitled "Refer the matter to the mediator"

on the https://www.sasmediationsolution-conso.fr website

Regardless of the means of referral used, the request must contain:

- The applicant's postal, telephone and e-mail address,

- The name, address and registration number at Sas Médiation Solution, of the professional concerned,

- A brief statement of the facts,

- Copy of the prior claim,

- All documents allowing the examination of the application (

order, invoice, proof of payment, etc.)

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