Terms and Conditions
PROGRAMS QUANT NEXT
SUMMARY
ARTICLE 1. PURPOSE AND ACCEPTANCE OF THE GENERAL CONDITIONS
ARTICLE 2. CONDITIONS OF ACCESS TO THE PLATFORM
ARTICLE 3. ONLINE SIGNATURE OF THE CONTRACT
ARTICLE 4. DESCRIPTION OF SERVICES AND TERMS OF USE
ARTICLE 5. EXERCISE OF THE RIGHT OF WITHDRAWAL
ARTICLE 6. FINANCIAL AND PAYMENT CONDITIONS
ARTICLE 7. DURATION AND TERMINATION
ARTICLE 8. WARRANTEES AND RESPONSIBILITY OF THE END USER
SECTION 9. GUARANTEES OF QUANT NEXT
ARTICLE 10. THIRD PARTY CONTENT – HYPERTEXT LINKS – NO WARRANTY
ARTICLE 11. PROTECTION OF PERSONAL DATA
ARTICLE 12. INTELLECTUAL PROPERTY AND LICENSE
ARTICLE 13. LEGAL WARRANTEES
ARTICLE 14. LANGUAGE OF THE CONTRACT
ARTICLE 15. APPLICABLE LAW
ARTICLE 16. DISPUTES
APPENDIX 1: TEMPLATE FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL
ARTICLE 1. PURPOSE AND ACCEPTANCE OF THE GENERAL CONDITIONS
1.1. These general terms and conditions of sale and use (“General Terms and Conditions” or “Agreement”) are applicable between, on the one hand, Raphaël DANDO, a sole proprietorship based on 64 Rue de Montreuil 78000 Versailles (FRANCE) (hereinafter referred to as “QUANT NEXT“), editor of the QUANT NEXT platform accessible at the URL www.quant-next.com or any other URL that may be substituted for it (hereinafter the “Platform” or the “Site”) AND onthe other hand, any natural person acting for his private needs OR any natural person or legal entity acting in the context of his professional activity (hereinafter the “Learner” or the “End End user”) wishing to benefit from the content and services produced by QUANT NEXT and available on the Site (hereinafter the “Content” or “Service(s)” or “Program(s)”).
The Parties are hereinafter individually referred to as “the Party” and collectively referred to as “the Parties“.
When the Learner is a natural person, he/she declares that he/she is a natural person of legal age (or an emancipated minor) with the legal capacity to enter into a contract allowing him/her to subscribe and access the Content produced and distributed by QUANT NEXT.
QUANT NEXT produces and distributes through the Platform training courses exclusively in English language to learn and/or improve their skills in quantitative finance.
Thus, QUANT NEXT offers its End users to develop their skills in quantitative finance through video courses, interactive quizzes, projects and tutorials in Python language. These training courses are intended for a wide audience, such as professionals like data scientists, risk managers, portfolio managers and traders in the financial industry, but are also adapted to students. To this end, QUANT NEXT offers its End users access to:
– a Content Platform integrating all resources related to the Services;
– any other Service offered for sale by QUANT NEXT through the Platform.
QUANT NEXT is a fully digitalized Content platform accessible to any Learner, as long as the latter meets the conditions set forth herein.
QUANT NEXT is not a training organization in the sense of the French Labour Code and is not approved by French State. Consequently, QUANT NEXT is not authorized to deliver training certificates and cannot offer certifications or training leading to a diploma.
The Parties agree that their relationship is exclusively regulated on these Terms and Conditions, which are expressly accepted by the Learner. Any use of the Services is subject to these Terms and Conditions.
As this Agreement is intended to apply to both Learners who are consumers (or individuals) and Learners who are professionals, some provisions of the Contract marked as such are applicable only to individuals or, on the contrary, to professionals.
QUANT NEXT team is available by phone at +33 6 52 53 56 57 from Monday to Friday from 9am to 6pm (except bank holidays), by email at contact@quant-next.com or by post at the following address: Individual company Raphaël DANDO (QUANT NEXT), 64 Rue de Montreuil 78000 Versailles (France).
1.2. The following terms and expressions shall, unless otherwise specified, have the meanings set forth below if they appear with their first letter capitalized, whether singular or plural in this Agreement:
“Content(s)” or “Program(s)” or “Service(s)” shall have the meaning set forth in Section 1 hereof.
“Force majeure” has the meaning given to it by the provisions of Article 1218 of the French Civil Code.
“Learner” or “End user”: means any person referred to in Article 1 of the General Terms and Conditions and meeting the conditions provided herein.
“Order”: refers to the sale of online subscriptions for training courses concluded between QUANT NEXT and the End user.
“Personal data” has the meaning set forth within Personal data protection regulations
“Platform” or “Site”: has the meaning given within Article 1.1 of these Terms and Conditions.
“Personal data protection regulations”: means the provisions of the French Data Protection Act of January 6, 1978, as amended, as well as those of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the “GDPR”, and any legislative and/or regulatory provisions that may replace them.
“Terms and Conditions” or “Agreement” shall have the meaning set forth in Section 1.1 hereof.
ARTICLE 2. CONDITIONS OF ACCESS TO THE PLATFORM
2.1. QUANT NEXT Services are reserved for End users who meet the following cumulative conditions:
- Be at least 18 years of age on the date which the Agreement is concluded (except for emancipated minors) and have the legal capacity to enter into contract;
- To comply consistently with these Terms and Conditions and any other applicable contractual terms;
- Be up to date with payment of the Service fee and any outstanding due dates.
Legal entities wishing to subscribe to QUANT NEXT Services on behalf of their employees should not subscribe to the Services on the Platform. Professionals are invited to directly contact QUANT NEXT so that we can establish a customized program and pricing.
Failure by the Learner to comply with these terms and conditions shall result in the immediate termination of this Agreement under the conditions set forth herein, to the exclusive detriment of the Learner. In such a case, the End user concerned may not claim reimbursement or any reduction in the price of the Service for the months during which he or she was unable to access the Content.
2.2. In order to subscribe to the Services, the End user is invited to fill in his personal data. The Learner must accurately fill in all the mandatory fields required to create a personal customer account.
ARTICLE 3. ONLINE SIGNATURE OF THE CONTRACT
Choice of Service
Different Programs are offered by QUANT NEXT and each one gives access to the Contents for a determined period of time. Once the Service is subscribed, it is also possible for the Learner to subscribe to other Services available on the Site.
Period of validity of prices
The Services as well as their pricing are valid as long as they are available on the Site (except for special operations whose validity period is specified and which may be limited in quantity available when specified).
Verification
The Learner has the possibility to modify, cancel, totally or partially the desired Service, as long as he/she has not validated and proceeded to the payment of the Order.
The Learner is invited to confirm and validate the chosen Content before definitively validating his or her Order, thus resulting in a firm and definitive sale of the Service.
- Order Confirmation
The Learner is invited to consult the contents and the amount (including tax) of his/her basket (i.e. the choice of Service(s)), and then to confirm his/her Order.
The End user is then invited to define his payment method among those proposed.
- Validation of the Order
Finally, the Learner is invited to validate his/her Order. The Learner confirms acceptance of these General Terms and Conditions by checking the corresponding box, then definitively validates the Content ordered and proceeds with online payment.
Secure online payment
The Learner must indicate his bank details at the time of payment, his account is debited at the time of validation of his Order. The SSL protocol is a system for encrypting the entry and transmission of banking data. During payment, the Learner is automatically redirected to the site of the partner providing the payment solution.
The End user’s bank details do not pass through the Platform at any time, and QUANT NEXT has no access to the bank details of the Learners.
The credit card is charged at the time of subscription to the Program.
Terms of payment
The Learner is reminded that all prices indicated on the Site are expressed in euros, all taxes included. The price is payable in full, in cash, on the day of subscription to the Program, by secure payment, according to the following method: payment by credit card (Stripe).
Access to the Services is subject to full payment of the cost of the Service, as provided herein.
Final confirmation of the Order by QUANT NEXT
When the subscription to the Program is validated and paid, the Order is automatically recorded and becomes firm and final. The Learner will then receive an e-mail summarizing the information related to his or her Order, including the following information: the identification of the Service subscribed to, the date the Order was concluded, the duration of the availability of the Programs subscribed to, the total amount including VAT of the cost of the Program (including any other taxes), the name of the Learner, the name of the Learner and the name of the Company. The Learner will then receive an e-mail summarizing the information relating to his or her Order, including the following information: identification of the Service subscribed to, the date the Order was placed, the duration of the availability of the Programs subscribed to, the total amount (including VAT) of the cost of the Program (including any other taxes), the billing address, the identification of QUANT NEXT, as well as any other information required by the legal provisions in force.
Cancellation
QUANT NEXT reserves the right not to validate an Order on the basis of a legitimate reason (abusive and/or illicit use of the Site by a Learner or non-compliance with the present Terms, unavailability of the Service in the event of an event qualified as Force Majeure, etc.).
In such a case, QUANT NEXT will inform the End user by email, in which case the Order will be cancelled and no amount will be deducted.
ARTICLE 4. DESCRIPTION OF SERVICES AND CONDITIONS OF USE
4.1. Details and content of the Services
The contents of the available Services are described on the QUANT NEXT website. When a Service is no longer available, the Learner can no longer subscribe to it.
The resources and Content available are offered exclusively in English in order to satisfy as many people as possible, and are designed and produced by and/or for QUANT NEXT.
When an End user subscribes to a Program, the integrated Services as well as the Contents remain available (unlimited) for the entire duration of the Contract (except in case of Force Majeure).
It is however specified that QUANT NEXT reserves the right, at any time, to suspend, modify or delete all or part of the Content on the basis of any reason deemed legitimate by QUANT NEXT or based on the evolution of a regulation that has come into force, a change in method or in application of an enforceable court decision.
The Learner has the option to:
- Subscribe to one or several module of Content;
- Follow the course videos at your own pace;
- Practice through interactive courses (quizzes and various projects).
A certificate of completion will be issued to the Learner upon successful completion of the course.
4.2 Conditions for optimal consumption of the Content
In order to access the Platform Services, the End user acknowledges that he/she is informed that a computer equipment is necessary (a terminal such as a computer, smartphone, tablet, etc.) as well as a sufficient internet connection allowing the use of sound and video at the same time.
The absence of such equipment or its failure shall not engage the responsibility of QUANT NEXT or lead to the reimbursement of the Services subscribed.
ARTICLE 5. EXERCISE OF THE RIGHT OF WITHDRAWAL
The provisions of this section apply exclusively to Learners acting as consumers within the meaning of the French Consumer Code. Subject to the provisions of the Contract, any Order placed by a professional Learner is binding and may not be modified or cancelled.
Deadlines
In accordance with the provisions of Article L. 221-18 of the French Consumer Code, the End user has a fourteen-day period in which to exercise his right to withdraw from a contract concluded at a distance, without having to give reasons for his decision or to bear any costs other than those provided for in Articles L. 221-23 to L. 221-25 of the French Consumer Code. The above-mentioned time limit runs from the day of the conclusion of the online Contract for contracts for the provision of services. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
Conditions for exercising the right of withdrawal
The Learner exercises his right of withdrawal by informing QUANT NEXT of his decision to withdraw. In order to exercise his right of withdrawal, the End user must inform QUANT NEXT of his decision to withdraw before the expiry of the legal deadline mentioned above by sending an email to contact@quant-next.com.
The Learner can also use the withdrawal form (model attached hereinafter in appendix 1), or send any unambiguous email or letter notifying QUANT NEXT of his wish to withdraw, within the required legal deadlines.
In accordance with the provisions of article L.221-25 of the French Consumer Code, if the End user wishes the execution of the Services to begin before the end of the withdrawal period provided for in article L.221-18 of the aforementioned Code, QUANT NEXT undertakes to collect the End user’s request through a dedicated checkbox when the online agreement is concluded and before any payment.
In such a situation:
– when the End user accesses all of the Content and/or Services before the end of the legal withdrawal period, he expressly acknowledges that he no longer has the right to withdraw;
– when the End user accesses part of the Content and/or Services before the end of the legal period of withdrawal AND when he/she expresses the will to withdraw, the End user is liable to pay QUANT NEXT a sum corresponding to the Service provided until the communication of his/her decision to withdraw. The valuation of the cost of the Service consumed by the End user is carried out according to the calculation method provided by the provisions of article L.221-25 of the French Consumer Code.
Legal exceptions to the right of withdrawal
In accordance with the regulations in force (article L.221-28 of the French Consumer Code), the Learner is reminded that the right of withdrawal cannot be exercised for services contracts providing digital content without any material support and whose execution began before the end of the period of withdrawal and when the End user has cumulatively:
- Provided his explicit prior consent for starting the execution of the Contract before the expiration of the withdrawal period;
- Acknowledged that he will consequently lose his right of withdrawal;
AND that QUANT NEXT has provided the End user with confirmation of receipt of this agreement, in accordance with the conditions set forth in Article L. 221-13 of the French Consumer Code.
Terms of reimbursement in case of exercise of the right of withdrawal
In the event that the Learner exercises the right of withdrawal and provided that the legal requirements are met, a refund will be made by crediting the same way of payment as used by the End user for the initial transaction, without undue delay and no later than fourteen days from the date on which QUANT NEXT is informed of the consumer’s decision to withdraw.
ARTICLE 6. FINANCIAL AND PAYMENT CONDITIONS
6.1. Price and payment terms
The current price of the Services is the one displayed on the Site, it being specified that the prices are likely to change at any time. The terms of payment for the Program are also presented on the QUANT NEXT website. Unless otherwise specified on the Site or by QUANT NEXT, the price of the Services is payable in full on the date the Contract is concluded.
The Service is billed and collected in advance, no refund is possible if the Learner does not use the Services or wishes to terminate the Contract before the end of the Services. If the Learner is an individual, the invoice for the Order is available upon request.
The accepted methods of payment are the following: credit card.
6.2 Outstanding payments
Any non-payment, rejection or delay in payment, even partial, of a single invoice or due date shall automatically and without delay result in:
- Suspension of the customer account and consequently the impossibility to access the Services.
- If applicable, the closing of the customer account and the termination of the Contract, under the conditions provided for herein;
- The full reimbursement by the Learner of all bank charges incurred by QUANT NEXT in the case of a refusal or rejection of a direct debit (these charges are then re-billed to the Learner and are due as soon as the invoice is sent to the defaulting Learner);
- The application of late payment penalties at the initiative of QUANT NEXT equal to three (3) times the legal interest rate in force and calculated on the amount invoiced excluding taxes;
- The application of a fixed indemnity for collection costs of forty (40) euros per unpaid invoice in application of article D441-5 of the French Commercial Code, to cover the costs of collection of the invoice, without prejudice to any other right or recourse available to QUANT NEXT. In the event that the collection costs incurred are higher than the amount of this fixed compensation, QUANT NEXT may request additional compensation, based on proof (article L.441-10 of the French Commercial Code).
- Legal proceedings against the defaulting Learner and compensation for damages suffered by QUANT NEXT.
ARTICLE 7. DURATION AND TERMINATION
7.1. Duration of the Program
These General Terms and Conditions come into force upon they are accepted by the End user (and at the latest at the signature of the online contract) and remain enforceable against the End user for the entire duration of possible access to the Services.
The Agreement is valid for a fixed term, being understood that its period is binding, which means that this Agreement shall not be terminated by the Learner before its term.
The Service starts once the payment of the Order has been confirmed and the Learner receives a confirmation e-mail confirming his/her status as an End user and access to the Program (communication of login and password).
7.2. Termination of the Program
7.2.1 Termination at the Learner’s request
At any time, the Learner may terminate the Contract by sending an email to contact@quant-next.com. However, as the duration of the Contract is binding, no refund is possible, for any reason whatsoever.
7.2.2 Termination at the QUANT NEXT’s request
7.2.2.1. In the event of the occurrence of an event meeting the criteria of Force Majeure leading to the cessation of the provision of all or part of the Service, QUANT NEXT may, at any time, terminate the present contract, subject to giving fifteen (15) working days’ notice to the Learner by e-mail.
In such event, future payment installments for the current Service shall be cancelled and the Agreement shall terminate at the end of the aforementioned notice period.
Termination of this agreement for this reason does not entitle the Learner to any compensation for the premature termination of the Service.7.2.2.2. At any time and in the event of a serious breach of the Agreement by the End user, QUANT NEXT is entitled to terminate the Agreement.
The following is considered as a serious breach that may lead to immediate termination of the Contract without notice (non-exhaustive list):
- Failure by the Learner to comply with all or any of the Terms and Conditions herein;
- Infringement of intellectual property rights owned by QUANT NEXT or any breach of contract the license provided herein;
- Any act committed by the Learner in violation of any legal or regulatory provision;
- Unpaid invoices;
- Persistent unpaid bills by a Learner;
- Any other reason deemed legitimate by QUANT NEXT.
In such cases, Agreement termination is effective upon receipt by the Learner of a simple notification of termination by email. Termination for such breach of contract does not entitle the Learner to request any compensation or reimbursement of the Program proportionate to the months for which he/she was unable to access the Services.
Any damage suffered by QUANT NEXT as a result of the actions of an End user, commits the responsibility of the latter.
7.2.3 Consequences of termination of the Contract
When this Agreement is terminated for any reason or the Service is terminated, the Learner no longer has access to the Content and no longer benefits from the Services.
When the termination of the Contract is due to a serious breach attributable to the Learner, future payment installments become due on the date of termination of the Contract.
ARTICLE 8. GUARANTEES AND RESPONSIBILITY OF THE LEARNER
8.1. The End user’s logins and passwords are strictly personal and confidential. Each Learner therefore undertakes to keep them secret and not to disclose them in any form whatsoever. Under no circumstances may a Learner transfer or concede his or her identifiers to a third party, for any reason whatsoever. Consequently, any use of the Services under the Learner’s identifiers is the sole responsibility of the Learner.
In the event of loss, theft or misuse of one or more of the elements that make up his or her identifiers, each Learner agrees to inform QUANT NEXT in the shortest possible time. For security reasons, QUANT NEXT will provide the End user with new identifiers. In the absence of any information received by QUANT NEXT, and in the absence of proof to the contrary, any connection or transmission of data using the Learner’s identifiers will be deemed to have originated from the Learner and to be under his or her exclusive responsibility.
8.2. Each Learner agrees to use and exploit the content of the Services made available by QUANT NEXT within the strict framework of the normal use provided for herein.
Any attempt to defraud, recuperate, breach the present terms of use or malice towards QUANT NEXT will be punished by the definitive closure of the account of the defaulting End user.
Subject to compliance with the provisions of the present document, QUANT NEXT reserves the right to suspend and/or permanently close a Learner’s account, in particular in the event of the following events attributable to the latter (non-exhaustive list):
- Non-compliance with all or part of these Terms and Conditions and the regulations in force;
- Creating a customer account for a purpose that is malicious or contrary to the interests of Learners and/or QUANT NEXT ;
- Learner’s provision of false, erroneous, inaccurate or incomplete data;
- Any attempt at intrusion, fraud, or misappropriation of data, including the Personal Data of a Learner or QUANT NEXT teams, or generally any violation of the Personal Data Protection Regulations.
- Violation of intellectual property rights arising from the Content published on the Platform and/or belonging to QUANT NEXT and the license granted to the End user hereunder;
- Any other reason deemed legitimate by QUANT NEXT.
In general, the use of the Service is carried out under the sole and entire responsibility of the Learner, who undertakes to execute the present Terms and Conditions in good faith.
In case of anomalous use or illicit exploitation of the Service, the Learner is solely responsible for any damage caused to QUANT NEXT, to third parties and for any claims or actions that may result.
QUANT NEXT may hold the defaulting Learner liable and seek compensation for any damage suffered before any competent court.
ARTICLE 9. THE WARRANTEES OF QUANT NEXT
9.1. Availability and maintenance
The Site is available in any location, as long as the minimum technical conditions are met, and in particular in terms of access to the mobile telephone network, Internet network and technical compatibility of the terminal used.
QUANT NEXT will use its best efforts to ensure the proper functioning of the Site and the Services, within the limits set forth herein.
QUANT NEXT, as well as its service providers and subcontractors involved in the provision and availability of the Service, may have to interrupt the Service in whole or in part for maintenance reasons necessary for the proper functioning of the Service. The Learner will be informed as far as possible, and subject to the urgent nature of the operation, by personal information or, at the very least, by information available on the Site.
These maintenance interruptions do not give right to any compensation and the Service will be accessible at the end of the maintenance operation.
Maintenance operations will be carried out as far as possible outside of working days and hours (Time zone of QUANT NEXT‘s head office: Paris time).
9.2. Limitations of liability
9.2.1. QUANT NEXT is bound to the Learner only by an obligation of means and does not provide any warranty, express or implied, including any warranty of quality and suitability of the Service to the Learner‘s needs.
In general, the End user acknowledges and accepts that the advice presented in the context of the QUANT NEXT Services is of a general nature and is in no way similar to personalized consultations relating to, among other things, advice on financial investments, the subscription of insurance products, or even intermediation in banking transactions, payment services and several operations relating to credit contracts.
Thus, the use of the Service and the exploitation of the data contained therein by the Learner are done under his or her sole and unique responsibility. The Learner is free to make any decision he/she deems useful and at his/her own risk.
Consequently, the Learner releases QUANT NEXT from any responsibility in the event that the End user subscribes to financial or insurance products or carries out any financial operation or subscribes to credit contracts following the subscription to a QUANT NEXT Service.
Consequently, QUANT NEXT cannot be held responsible for any damage, direct or indirect, caused to the Learner and/or any third party as a result of using the Services.
9.2.2. The Learner acknowledges that the Services consist of general advice and guidance with the following objectives
– Learn the basics of quantitative finance;
– Deepen and perfect your knowledge of quantitative finance.
THEREFORE, LEARNER EXPRESSLY ACKNOWLEDGES THAT THE QUANT NEXT PROGRAMS ARE NOT INTENDED AND SHALL NOT BE USED FOR THE FOLLOWING PURPOSES (non-exhaustive list):
– The subscription of insurance products or financial operations under the monopoly of regulated professions;
– An analysis of the particular cases encountered by the End user (for example in the context of his professional missions);
– The provision by QUANT NEXT of personalized recommendations that may or may not fall under the monopoly of regulated professions;
– The setting up and reaching of performance objectives, financial returns, subscription to insurance products, financial products or optimization of current credit operations personalized to any situation encountered by the Learner (on a personal basis or within the framework of his/her professional activity);
– The provision of any Services not described herein.
Learner expressly states and acknowledges that QUANT NEXT is not authorized to provide the above mentioned services or any other services not described herein.
9.2.3. Exclusions of liability
QUANT NEXT shall not be held liable in the following cases, without this list being considered as restrictive:
-In case of interruption of the Site for technical maintenance operations or updating of the published information;
-In case of temporary impossibility of access to the Site due to technical problems, whatever their origin and provenance;
-In case of contamination of the Site by any computer virus circulating on the network;
– Subject to mandatory legal provisions, in the event of direct or indirect damage caused to the Learner, whatever its nature, resulting from access to or use of the Site’s Services (and/or the Services or other Internet sites or applications linked to it)
– Subject to mandatory legal provisions, in the event of abnormal use or illicit exploitation by a third party of the Site or Services, causing damage to the Learner or any third party;
– Subject to mandatory legal provisions, in the event of any failure attributable to third party service providers (including payment);
-In case of loss by the Learner of his/her login and/or password, in case of usurpation of his/her identity and use of his/her data (including his/her Personal Data) by an unauthorized third party and the consequences thereof (subject to mandatory legislative and regulatory provisions);
– Upon the occurrence of events qualified as Force Majeure within the meaning of the legal provisions of Article 1218 of the French Civil Code and, subject to the mandatory legal provisions of the French Consumer Code applicable to the present.
Furthermore, the End user acknowledges that QUANT NEXT cannot be held responsible for the non-achievement of financial returns resulting from the simulations or backtesting of the strategies taught in the Programs.
ARTICLE 10. THIRD PARTY CONTENT – HYPERTEXT LINKS – NO WARRANTY
The Site may include links to other websites, owned and/or operated by third parties (the “Third Party Sites“), which links allow the Learner to view any content that may be complementary to the success of the Services.
The hypertext links established towards other sites from the Site do not, in any case, engage the responsibility of QUANT NEXT. These links are indeed proposed to complete the information available on the Site, however QUANT NEXT cannot permanently control the legality of the aforementioned content and cannot guarantee its legality, morality, or conformity to the End user’s expectations.
QUANT NEXT does not intend, under any circumstances, by the insertion of hypertext links to third party content hosted on third party sites, to approve or guarantee said content or to incur liability in the event of insulting or defamatory content or content that is contrary to public order and, in general, to the regulations in force.
If there are any questions about these links or any material on a Third Party Site, QUANT NEXT invites each Learner to contact the publisher of the relevant Third Party Site.
ARTICLE 11. PROTECTION OF PERSONAL DATA
11.1. QUANT NEXT is committed to complying with the regulations concerning the protection of personal data. QUANT NEXT invites each Learner to read its privacy policy available here and applicable to the Parties.
11.2. Rules concerning the sending of newsletters or any other commercial prospecting by electronic means (applicable only to natural person)
Within the framework of its newsletter sending operations or any other commercial prospecting, QUANT NEXT commits to respecting the provisions of article L.34-5 of the French Post and Electronic Communications Code, which provides for the prior and express collection of the Learner‘s consent for the sending of commercial prospecting by electronic means (e-mail or SMS for example).
ARTICLE 12. INTELLECTUAL PROPERTY AND LICENSE
12.1. Protection of the Content under the French Intellectual Property Code
The presentation and content of the Site, Programs and Services are the property of QUANT NEXT. These elements constitute, together, a work protected by the French Intellectual Property Code. Any reproduction, in whole or in part, of the Site, Programs and Services is systematically subject to the prior written authorization of QUANT NEXT.
Copyright
The texts, images, drawings and layout as well as the graphic charter of the Site, the Programs and the Services are protected by intellectual property law.
It is forbidden to copy, extract, distribute or modify the content of all or part of the Site, the Programs and the Contents. Any reproduction of drawings, images, sound documents, video sequences and texts, etc (non-exhaustive list) within any medium requires the prior written consent of QUANT NEXT and, if applicable, the payment of the author’s economic rights and finally the respect of the moral rights of QUANT NEXT.
Any reproduction, representation, adaptation, partial or total modification, translation as well as any substantial extraction of all or part of the Contents of the Site, the Programs or the Services without the express and prior authorization of QUANT NEXT and the implementation of the aforementioned elements, may be subject to legal proceedings based in whole or in part on the provisions of the French Intellectual Property Code.
The lack of authorization is punished by the offence of counterfeiting.
Brands
The word, figurative and semi-figurative trademarks reproduced on the Site, Programs and Services are registered and protected by QUANT NEXT.
Any act of modification and total or partial reproduction of the trademarks represented on the Site, the Programs and the Services is constitutive of the offence of counterfeiting sanctioned by the provisions of the French Intellectual Property Code.
Data base
Any database created is the property of QUANT NEXT, which is the producer. Any reproduction, representation, adaptation, partial or complete modification as well as any substantial extraction, qualitative or quantitative, will also be sanctioned by the provisions of the French Intellectual Property Code.
12.2 Terms and conditions of the license
Under the terms of this agreement, QUANT NEXT grants each Learner a personal, non-exclusive, non-assignable and non-transferable right to represent and use the Content integrated into the Programs for the duration of the Program. This right of use is revocable at any time, under the conditions set forth herein.
Each Learner agrees to use the Services under the conditions set forth herein and strictly for the normal use intended by QUANT NEXT. The Learner is forbidden from any other use that is not foreseen by QUANT NEXT..
The right of use is understood to be the right to represent and implement the Site’s Content in accordance with its intended purpose, via a connection to an electronic communications network. Any Learner may not, under any circumstances, make available or allow access (for a fee or free of charge) to the Services to any third party.
Furthermore, all Learners are forbidden in particular from taking any action that would allow them to disseminate, modify or re-appropriate all or part of the content or Services integrated into the Programs.
Consequently, each Learner agrees not to record, copy and/or reproduce, temporarily or permanently, any element that makes up all or part of the Content or Service granted and also agrees not to create any derivative works or use the Service for any purpose other than normal use. For the purposes of these terms and conditions, it is understood that “normal use” of the Service means, in particular, use of the Services for a purpose that complies with the one presented by QUANT NEXT and that respects the present terms and conditions as well as the regulations in force.
ARTICLE 13. LEGAL GUARANTEES
The provisions of this section shall apply to individuals.
13.1. Legal guarantee of conformity specific to digital content
In accordance with the provisions of Article L224-25-12 of the French Consumer Code, QUANT NEXT provides digital content or a digital service that complies with the Contract as well as the criteria set forth in Article L. 224-25-14 of the French Consumer Code.
Thus, and to the extent that this Agreement provides that the digital Content is provided on a continuing basis, QUANT NEXT is liable for defects in compliance that arise during the period in which it is provided under the Agreement.
The applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 224-25-25 of the French Consumer Code.
The seller shall also be liable, within the same time limits, for lack of conformity resulting from the incorrect integration of the digital content or service into the consumer’s digital environment where this has been done by the seller or under his responsibility, or where the incorrect integration done by the consumer results from shortcomings in the instructions provided by the seller.
The digital Content is considered in compliance with the Contract if it meets the conditions set forth in Articles L224-25-13 to L224-25-15 of the French Consumer Code.
The terms and conditions for the implementation of the Legal Warranty of Conformity of the Services resulting from the present contract are provided within Articles L224-25-17 to L224-25-23 of the French Consumer Code, integrally reproduced below.
In the event of non-conformity, the consumer is entitled to have the digital content or service brought into conformity or, failing that, to have the price reduced or the contract rescinded, under the conditions set forth in this paragraph.
The consumer shall, moreover, have the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has fulfilled his obligations under this subsection, in accordance with Articles 1219 and 1220 of the Civil Code.
The provisions of this subdivision are without prejudice to the awarding of damages.
In the event of a lack of conformity, the consumer is entitled to demand that the digital content or service be brought into conformity with the criteria set out in paragraph 1 of this subsection.
Compliance shall be at no cost to the consumer, without undue delay following the consumer’s request, and without significant inconvenience to the consumer, taking into account the nature of the digital content or digital service concerned and the consumer’s intended use.
The consumer is not required to pay for the use of the digital content or service during the period, prior to the termination of the contract, in which the content or service was non-compliant.
The seller may refuse compliance if it proves impossible or would entail disproportionate costs, particularly in view of the extent of the lack of compliance and the value of the digital content or service in the absence of the defect.
If these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the requested compliance in accordance with Articles 1221 and following of the Civil Code.
Any refusal by the professional to bring the digital content or service into conformity shall be justified in writing or on a durable medium.
The consumer is entitled to a reduction in price or rescission of the contract in the following cases:
1° When the professional refuses any compliance of the digital content or service;
2° When compliance of the digital content or service is unjustifiably delayed or causes significant cost or inconvenience to the consumer;
3° When the non-compliance of the digital content or service persists despite the professional’s unsuccessful attempt to bring it into compliance.
The consumer is also entitled to a reduction in price or rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. The consumer is then not required to ask for the digital content or service to be brought into conformity beforehand.
However, the contract may not be rescinded if the lack of conformity is minor, which is for the seller to demonstrate. This paragraph shall not apply to contracts in which the consumer does not pay a price.
In the cases provided for in Article L. 224-25-20, the consumer shall inform the seller of his decision to obtain a price reduction.
The price reduction is proportional to the difference between the value of the digital content or digital service provided, and the value of that digital content or digital service in the absence of the lack of conformity.
- – In the cases provided for in Article L. 224-25-20, the consumer shall inform the professional of his decision to cancel the contract.
For the contracts mentioned in II of article L. 224-25-2 and for the grouped offers within the meaning of article L. 224-42-2, the consumer has the right to the resolution of all the related contracts.
II – The consumer refrains from using the digital content or service or making it available to third parties.
If the digital content was provided on a physical medium, the consumer shall return it without undue delay and at the expense of the seller if the seller makes a request for its return no later than fourteen days after the date on which the consumer informs the seller of his decision to rescind the contract.
III – The professional is required to:
(1) refund to the consumer the price paid and return any other benefit received under the contract;
(2) Where the contract provides for the supply of the digital content or digital service during a specified period, to refund or return the pro rata portion of the price and any benefits corresponding to the period during which the digital content or digital service was noncompliant, including where the consumer used the noncompliant digital content or digital service during that period;
(3) make available to the consumer, free of charge and within a reasonable time, in a commonly used and machine-readable format, any content, other than personal data, that was provided or created by the consumer when using the digital content or digital service provided by the seller;
(4) Refrain from using any content, other than personal data, that was provided or created by the consumer in the context of using the digital content or digital service provided by the seller, unless that content was generated jointly by the consumer and others, and other consumers may continue to use it.
The latter two obligations shall not apply where such content is of no use outside the context of its use or only relates to the consumer’s activity when using the digital content or digital service provided by the seller, or where such content has been aggregated by the seller with other data and cannot be disaggregated, or can only be disaggregated with disproportionate effort, by the seller.
The seller may prevent any further use of the digital content or service by making it inaccessible to the consumer or by deactivating the consumer’s End user account, without prejudice, however, to the consumer’s rights to retrieve the content in accordance with this Article or to consult his invoices.
With regard to personal data, the professional complies with his obligations under Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as Law No. 78-17 of 6 January 1978 on information technology, files and freedoms.
The reimbursement to the consumer of the sums due from the seller, or any other benefit received under the contract, shall be made without undue delay and at the latest within fourteen days from the day on which the seller is informed by the consumer of his decision to exercise his right to reduce the price or rescind the contract.
The seller shall reimburse these sums using the same means of payment as the one used by the consumer when concluding the contract, unless the latter expressly agrees otherwise and in any case without any additional cost.
13.2 Legal guarantee against hidden defects
In accordance with the provisions of Article L224-25-29 of the French Consumer Code, the legal guarantee of conformity does not prevent the End user from exercising the right to exercise the action resulting from the guarantee of hidden defects as it results from Articles 1641 to 1649 of the French Civil Code or any other action of a contractual or extra-contractual nature that is recognized by law.
ARTICLE 14. LANGUAGE OF THE CONTRACT
The French language is the official language of this contract.
Any translation of the present Terms and Conditions is provided for information purposes only, in order to facilitate the understanding of non-French speaking Learners of QUANT NEXT. Consequently, the French version prevails on any translation.
ARTICLE 15. APPLICABLE LAW
These General Terms and Conditions are governed exclusively by French law, to the exclusion of any other conflict of law rules.
ARTICLE 16. DISPUTES
16.1. Provisions applicable to the Learner acting as a professional
Any dispute shall be subject to prior consultation between the Parties. In the absence of an amicable agreement, any dispute between the Parties relating to their relations and in particular to the conclusion, interpretation, performance and termination of the Contract shall be subject to the exclusive jurisdiction of the Commercial Court of Paris, even in the event of a warranty claim or multiple defendants, including in the case of urgent or protective proceedings, in summary proceedings or by petition.
16.2. Provisions applicable to the End user acting for his private needs (as a consumer)
16.2.1. QUANT NEXT undertakes to answer promptly to any End user who has a complaint about its Service and to make its best efforts to resolve any dispute amicably.
Nevertheless, in the event that QUANT NEXT has not resolved the dispute with the Learner, the latter may appeal to the following authorities:
– Referral to the European Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
– Mediation: In accordance with the provisions of article L.612-1 of the French Consumer Code, QUANT NEXT guarantees the consumer effective recourse to a consumer mediation system. In the event of a dispute and in the absence of amicable solutions found with QUANT NEXT, the Learner, acting as a consumer, may have free recourse to the following mediator “CENTRE DE LA MÉDIATION DE LA CONSOMMATION DE CONCILIATEURS DE JUSTICE (CM2C)” of which QUANT NEXT is a member (in accordance with the provisions of the French Consumer Code) :
– by sending an email to cm2c@cm2c.net ;
– or by post, by sending a written complaint to the following address : CENTRE DE LA MÉDIATION DE LA CONSOMMATION DE CONCILIATEURS DE JUSTICE (CM2C), 14 rue Saint Jean 75017 Paris (FRANCE).
– Via the online form.
16.2. In the absence of amicable resolution, all disputes to which the present General Terms and Conditions could rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent courts under the conditions of common law.
When the Learner is resident within a territory of the European Union other than France, QUANT NEXT undertakes to apply the legal provisions from which he/she benefits, when these are more favorable than French law.
APPENDIX 1: TEMPLATE FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL
(Annex to Article R221-1 of the French Consumer Code)
SAMPLE RETRACTION FORM
(Please complete and return this form only if you wish to withdraw from your onlinecontract. To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post or email). You can use the model withdrawal form (reproduced below) but it is not mandatory.
To the attention of QUANT NEXT, (POSTING ADDRESS), (EMAIL ADDRESS):
I hereby notify you of my withdrawal after subscribing to the following service: TO BE COMPLETED
Ordered on (DATE TO BE COMPLETED):
Order Number:
Full name:
Address:
Signature (only if notifying this form on paper):
Date:
