Terms of Service

Terms of Service

Definitions

The terms below have the following meanings when used with a capital letter in these Terms of Service:

  • “TOS” refers to these General Terms of Services.
  • “42” refers to the Association 42, a non-profit association governed by the law of July 1, 1901 and the decree of August 16, 1901, whose head office is located at 96 boulevard Bessières – 75017 Paris FRANCE.
  • “Candidate” refers to individuals who have taken the 42 entrance exams.
  • “Student” refers to any person in training at 42, regardless of their status.
  • “Company” refers to the host company (in the case of work-study or professionalization contracts).
  • “Intranet” refers to the secure digital training environment of 42 made available to the Learner as part of the 42 curriculum.
  • “User” refers to the persons accessing the Intranet through accounts created and managed by 42, after acceptance of the General Conditions of Use of the Intranet.
  • “Trainee”: refers to the trainees of the professional training registered with the French employment agency (PĂ´le Emploi) who are doing a training course within 42 as part of a professional reintegration.
  • “Apprentice”: refers to Trainees doing their training in alternation within 42 and a Company.

These GTC are subject to change or update by 42 at any time. The applicable GST are those in force on the day of the service. They are annexed or available on the website http://www.42.fr and on the Intranet of 42.

Art. 1 : Purpose and scope of application

Any registration made with 42 implies the full and unreserved acceptance of the GTC by the Candidate. However, certain contractual clauses may derogate from these terms and conditions and prevail in case of prior written acceptance by 42.

These GTC apply to students, regardless of their status, namely

  • Applicant: status of the person playing the online games;
  • Pisciners: status of the candidate taking the pool tests;
  • 42: status of the student who has successfully completed the “transcendence” project and completed the core curriculum;
  • Learner: GEN Scholar;
  • Trainee: vocational training trainee (job center),
  • Employee: employee/freelance/CPF;
  • Apprentice: student under work-study contract.

Art. 2 : Training courses

Art. 2.1 : Continuing education, Professionalization and initial training.

42 offers in its catalog training courses carried out in person in its premises.

Each student is free to choose the session that suits him/her as well as his/her work rhythm.

Art. 2.2 : Fees and Financial Conditions

The trainings delivered by 42 are entirely free for the Students, whatever their status.

No sale is therefore formed between 42 and the Student in the context of the execution of the services offered by 42.

However, some courses offered by 42 involve specific costs, which are never borne by the Students (whatever their course) as 42 manages these costs through partnerships with third parties.

Art. 2.3 : Conditions for cancellation or postponement of a training session

42 reserves the right to cancel or postpone a training session at the latest 7 (seven) days before the session start date, without compensation.

Art. 3 : Conditions of use of the digital workspace (ENT)

In the framework of an environmental commitment of 42, all the documentation related to the training is dematerialized.

Art. 3.1 : Use and implementation of the “ENT” service

42 authorizes Students to access a secure training environment (LMS: Learning Management System) in which they benefit from a system for managing individualized training paths, training modules and evaluation (“the Intranet”).

The User’s access to the Intranet is strictly personal and confidential. The User is prohibited from making this access available to other persons – Students or third parties, whether free of charge or for a fee.

The User is responsible for the management and security of the accesses he/she has received and is obliged to inform 42 of any compromise of his/her identifiers as well as any unauthorized access to the Intranet.

42 informs the Student that the elements accessible on the Intranet are used for the operation of the LMS and comply with the regulations in force, particularly with regard to the protection of personal data.

Art. 3.2 : Content

The Intranet allows 42 to offer its training services in a dematerialized and secure manner, but also to benefit from connection, evaluation and follow-up reports of the vocational training trainees, in accordance with its legal obligations.

42 provides Students with a training system comprising training, evaluation and follow-up modules, individually adapted to the needs of the Students. This content may be protected by intellectual property rights. In this context, Students undertake to respect their legal obligations in this regard, in accordance with the provisions of the French Intellectual Property Code. Moreover, some modules may, for pedagogical reasons or even for distribution or international localization, include elements written or spoken in foreign languages.

The durations of the modules displayed are estimated durations that may be subject to fluctuation according to the Student’s rate of progress.

Art. 3.3 : Updating and evolution of contents

42 develops its training content and modules throughout the year. These can be modified, recast or even deleted without interrupting the curriculum or the training process. 42 makes every effort to ensure the quality and updating of its content.

Art. 3.4 : Technical implementation of the ENT – assistance

42 implements a support service for the Students, through the Intranet or its collaborative instant messaging systems: “Slack” and “Discord” or through a ticket system “Jira”, but also through explanatory documents on use.

Students can also communicate by email with the administration and the pedagogical team of 42 via the address adm@42.fr.

Art. 4 : Legal and contractual documents

In the case of a work-study or professionalization contract, a training agreement/contract is established with the Student and the Company.

The agreement/contract gives Students access to all mandatory documents (Plans, Conditions, Regulations, etc.), which can be consulted on the website www.42.fr or on the Intranet.

At the time of registration, Students are invited to read and accept without reservation the Internal Rules of 42. Any violation of the Internal Rules of 42 may lead to sanctions against the Student.

At the end of the courses, 42 will issue a certificate of attendance upon request. Depending on the course, a 42 certificate (for qualifying courses) or a diploma for the RNCP titles (see the training offers on www.42.fr), can be given in compliance with the conditions of attribution or examination board. The training courses are evaluated using the “peer-to-peer” learning method, which consists in entrusting the evaluation of the acquired knowledge to the students themselves in order to stimulate their collaboration and creativity.

For the RNCP titles, students are evaluated individually and in groups throughout their course. These evaluations take the form of a Continuous Assessment during the course of training (CCF) within the framework of the follow-up presented to the exam juries (for the composition of the jury, see the France Compétences sheet in the training offers on www.42.fr).

Art. 5 : Cancellation, absence, postponement of registration

Any cancellation of registration at 42 must be notified by e-mail to adm@42.fr or by post or by any other means made available by 42. 42 will send an acknowledgement of receipt to the Candidate as soon as possible.

Art. 5.1: Absences

42 checks the attendance of Students throughout the training courses, both in-class and distance learning (when justified by the health context), according to the appropriate methods.

Failure to comply with their obligations in terms of attendance may result in the loss of their social rights (loss of the grant or allowances, or abandonment of training, for apprentices, termination of the apprenticeship contract) without 42 being held responsible for this.

Art. 6 : Intellectual property

The contents, tools, methods, know-how and all documents provided by 42 during training courses, internships, curricula or evaluation modules are the property of 42 and are eligible for protection under the Intellectual Property Code.

The same applies to the name “42”, the corresponding logos, slogans, domain names and any other distinctive sign of 42, represented on the documents and internet/intranet sites of 42 or used/operated by 42, which are the exclusive property of 42.

Students may not use them in any commercial context without the prior written authorization of 42.

Any reproduction, representation, modification, publication, transmission, distortion, in whole or in part, of the contents of the training courses, as well as of the databases appearing on the Intranet, if applicable, are strictly forbidden, regardless of the process and medium used.

42 grants the Student a right to use the Intranet limited to the duration of the module or session and for exclusive, individual use. This right is non-transferable.

Any representation or reproduction, by any means whatsoever, that does not comply with current legislation constitutes an infringement punishable by this same law and the Penal Code.

The Student will be held responsible if unauthorized use is made of these representations, methods, know-how tools, software, interfaces or training materials.

It is the Student’s responsibility to comply with all applicable regulations in this area.

Art. 7: Confidentiality

The Student and 42 undertake to disclose only the information of which they have been personally informed and for which the person who has communicated it has expressly authorized the disclosure in writing. This information concerns economic, technical, pedagogical or commercial information, in particular all the information appearing in the commercial and financial proposals sent by 42.

42 undertakes not to communicate to third parties other than its affiliated companies, partners or suppliers, the information transmitted by the Student in the context of the creation of training courses.

Art. 8 : Personal data

The services offered by 42 imply the implementation of a certain number of personal data processing concerning the Student.

In order to obtain exhaustive information on this subject, the Student is invited to consult the 42 Privacy Policy.

For any question concerning the processing of personal data by 42, the Student may send a request to the following address: dpo@42.fr

Art. 9: Force majeure

42 shall in no case be held responsible for a breach of its contractual obligations caused by a fortuitous event or a case of force majeure as recognized by the legal provisions and the French jurisprudence.

Are considered as force majeure or fortuitous events, the events independent of the will of the parties, that they could not reasonably be required to foresee, and that they could not reasonably avoid or overcome, insofar as their occurrence makes it totally impossible to perform the obligations of the parties.

Art. 10: Jurisdiction and disputes

The election of domicile is made by 42 at its head office.

French law is applicable.

The parties shall endeavour to resolve amicably any dispute that may arise between them concerning the interpretation, validity or performance of the contract.

Any dispute concerning an Apprentice must be brought to the attention of the 42 apprentice referent, who can be reached at the following address: referent-apprenti@42.fr. In the absence of an amicable agreement, the dispute will be submitted to the competent courts in Paris.


Date of last update of the document: 10/08/2021