Learning Hub (LHUB) Terms & conditions of use

1. Preamble

The publisher is SEPTIME, a limited liability company registered in France with company number 428 943 237 RCS Rodez, whose registered office is located at 5 rue de la Penderie, 12000 Rodez (France) (hereinafter the « Publisher »).

The Publisher has entirely developed a mobile application called « LHUB – Learning Hub », designed as a mobile portal to access training content and a notification center regarding content updates, (hereinafter the « Application »).

The Application is customized with content and quiz developed by the RENAULT Group (hereinafter the « Company »).

The Application is only intended for use by certain employees of the Company. It allows users to easily and quickly access to training content dedicated to their job, hosted on different publishing platforms designed for a mobile usage. In the framework of specific training on behaviour, the Application also allows the trainee to record an audio interview with a customer in order to submit it to a supervisor and get an evaluation and a feedback.

Only a natural person who has been authorized by the Company may benefit from a license to use the Application (hereinafter the « User »).

These Terms and Conditions of Use (hereinafter referred to as the « T&Cs ») determine the conditions under which the Publisher grants the User a license to use the Application.

The installation and use of the Application imply the express, prior, full and complete acceptance by the User of these Terms and Conditions of Use. By creating his profile on the Application, the User must acknowledge that he has read the T&Cs and accept them without reservation.

2. Relationship between the User and the Company

The purpose of theses T&Cs is not to replace the Company or the contractual relationship between the User and the Company.

The User shall comply with any instructions that the Company may give him regarding the use and access to the Application, whether through or outside the Application.

In all circumstances, the User remains under the responsibility and control of the Company, which may decide to withdraw the right to use the Application.

3. User account

The User may only create his account on the Application if the Company has authorized him to do so. The User’s account may be suspended or deleted in the event of non-compliance with these T&Cs or in the event of a decision by the Company.

The User shall ensure the confidentiality of his credentials, allowing him to connect to the Application to use it. The User releases the Publisher from any liability for any fraudulent or malicious action carried out by a third party on his own account.

4. Access to the Application and its Services

The computer equipment required to use the Application is not provided by the Publisher. The internet connection charges and all related costs are the User’s sole expense, whether located in France or abroad.

Under a general best-effort obligation, the Publisher makes its best efforts to provide its services 7 days a week and 24 hours a day. In the event that the access to the LHUB service is not possible, due to technical problems or any other reason, the User may not claim any damages and may not claim any compensation. The Publisher reserves the right to interrupt, temporarily suspend or modify access to all or part of the services, in order to ensure their maintenance, to make modifications, to add new functionalities, or more generally for any reason necessary for the improvement wanted by the Publisher or for the proper functioning of the service, without the User being able to claim any kind of compensation.

5. Prohibited behaviours

The User expressly undertakes not to publish any comment or content, by means of the Application, in any form whatsoever, that violate the rights of third parties or are defamatory, abusive, obscene, offensive, violent or inciting to violence, advocating crimes or offences, racist or xenophobic, pornographic or exhibitionist, and in general any content that is contrary to laws and regulations in force or breach of moral standards.

6. License terms

6.1. Use Rights

The user license is granted by the Publisher to the User only after acceptance of these T&Cs when creating his account and only if the Company has specifically authorized the User to install and use the Application.

The Publisher grants the User a personal, non-exclusive, non-transferable license to install and execute the executable form of the Application on compatible mobile mediums using iOS or Android operating system in its most recent version.

The license is granted for a limited period of time and as long as the Company wishes to maintain the agreement allowing it to offer its Users the use of the Application.

6.2. Limitations

The User is not authorized to:

1. copy (except in the course of loading and installing) or modify or create derivative works of the Application;
2. distribute, transfer, sub-license, lease, lend, rent or otherwise provide access to the Application to a third party;
3. publicly represent or project the Application, in any medium or by any means;
4. make the Application accessible to multiple Users or third parties by any means, including but not limited to uploading the Application on a network or file-sharing service or through any hosting, application service provider, software-as-a-service (SaaS) or any other type of services;
5. use the Application to develop a competing product;
6. do anything that could cause or result in the Application being subject to any open source license (or similar license) that requires, as a condition of use, modification or distribution, that the Application (including the runtime portion) combined or distributed with the Application be: (A) disclosed or distributed in source code form, (B) licensed for the purpose of making derivative works, or (C) redistributable at no charge;
7. disassemble, decompile or reverse engineer the Application, in whole or in part.

7. Intellectual property

7.1. Intellectual property of the Company

The Company may provide content protected by intellectual property rights on the Application. The User undertakes not to infringe these contents.

The Company’s trademarks and logos may be protected under trademark law. In such a situation, the User undertakes not to reproduce, reuse or modify them without prior authorization from the Company.

7.2. Intellectual property of the Publisher

Intellectual works and trademarks remain the exclusive property of their owners. User shall not delete or modify in any way whatsoever the copyrights, trademarks or other intellectual property rights of the Publisher or third parties appearing on or in the Application.

The Publisher is and remains the owner of the Application as an intellectual work and of all the elements that compose it, in particular software components, graphics, images, videos, sounds and music. These elements are protected by intellectual property law and in particular French laws and international treaties. The User is not authorized to reproduce, copy, modify or create derivative works of them.

The « LHUB – Learning Hub » brand and its logo are protected as a trademark by the Publisher.

8. Personal data

The use of the Application and the supplying of associated services requires the collection and processing of certain personal data.

This information are processed by the Company as data controller and the Publisher is only a subcontractor under the meaning of regulations governing data protection.

For any information about these processing of personal data, the User is invited to consult the information statements provided by the Company in the Application.

9. Publisher’s liability

The "Publisher" does not supervise or control contents produced by users through the "Application". The "Publisher" cannot therefore be considered as responsible for contents it hosts on behalf of the "Company". In the event of illegal content, the "User" is invited to report it directly to his "Company" for action.

The Publisher does not assume no responsibility for any damage that may be caused to the Users’ hardware.

In general, the Publisher may under no circumstance be held liable for any damage, direct and/or indirect and/or collateral, material and/or immaterial, resulting from a technical problem, arising from an interruption of the service, a hacking of data and/or content, a network or Internet connection problem or a technical problem in the User’s smartphone.

In no event shall the Publisher be liable for any direct or indirect loss or damage of any kind whatsoever resulting from the use and/or download of the Application, or any of its components, by the User.

10. Governing law and jurisdiction

The T&Cs are governed by French law, to the exclusion of any conflict of laws rules or principles. Any dispute arising out of the validity, performance or termination of the T&Cs shall be brought before the competent courts within the jurisdiction of the Publisher’s registered office.