General Terms and Conditions of Sale of the Immerscio Platform
Last updated: December 2024
1 – Definitions
The Learner designates the user(s) of the services subscribed by the Client;
The Client designates the professional who subscribes to the sale of Services;
The Order designates the selection of Services chosen by the Client, namely the enrollment of learners in training content (courses and/or training modules) and any additional complementary services;
The Training Agreement designates the contract signed between the Provider and the Client, after the Order has been placed by the Client and accepted by the Provider. The receipt by the Provider of this signed Training Agreement will trigger the creation of access to the training for the Learner;
The Provision of services is defined by sending an identification link to the enrolled Learners to allow access to the Services ordered by the Client;
The Training designates all the modules and/or courses delivered by the Provider to each enrolled Learner, in accordance with the Client's Order;
The Immerscio.bio Platform refers to the learner site on which the Learner logs in to conduct and follow the Training to which they are enrolled;
The Provider designates the simplified joint-stock company with a single shareholder PLATEFORME DIGITALE D’ÉDUCATION BIOTECH, registered with the Paris Trade and Companies Register under the number 893.358.341, whose registered office is at 46 avenue de la Grande Armée, Paris 17th. This term also designates the management staff of the Immerscio.bio Platform and the Orders;
The Services designate the services that can be subscribed to, mentioned in Article 3 of these General Terms and Conditions of Sale;
The Parties jointly designate the Client and the Provider.
2 – Purpose
The present General Terms and Conditions of Sale (hereinafter "GTC") aim to define and frame any contract between the Provider and the Client.
The GTC apply integrally and without reserve to any Client.
The present GTC are available and accessible at any time on the Immerscio.bio Platform as well as the website Immerscio.bio, their reading and acceptance are mandatory, prior to any Order.
The complete and unreserved acceptance of the GTC is conditioned upon the signing of the Training Agreement.
Moreover, the Provider's GTC take precedence over any potential general purchasing conditions of the Client.
The Provider reserves the right to modify all or part of the present GTC at any time and without notice, and without having to justify it.
If any of the provisions of the GTC is found to be null or unenforceable, only that provision will be deemed unwritten.
3 – Description of the Services offered
The Provider offers a range of digital content in the service of biotechnologies, designed to reflect best industrial practices and the latest innovations. This offer consists of courses (a set of learning modules) and modules that can be sold separately.
The modules are individualized and tailored to the needs of the Learner, as well as to their level (beginner or advanced).
The offer of digital content provided by the Provider is displayed on the website Immerscio.bio on the page Our training.
4 – Order
Before any Order, the Client must assess internally the prerequisites and needs of the Learners they wish to enroll, in order to position them on a course and/or training module offered by the Provider.
Then, the Client will contact the Provider's Sales Administration Manager to clarify their needs regarding the future Services they wish to order, at the address salesadmin@immerscio.com.
Following exchanges, an Order comprising the chosen Services will be formalized in a Training Agreement sent to the Client via a secure signing site by email. The Order will be validated upon the Provider's receipt of the Training Agreement, signed by the Client and accompanied by the email addresses of the Learners they wish to enroll.
Note. The contractual information is presented in French or English and is subject to confirmation, at the latest at the time of signing the Training Agreement by the Client.
The Client has the opportunity to verify the details of their Order, its total price, and to correct any possible errors before confirming their acceptance, in accordance with Article 1127-2 of the Civil Code. The Client can thus verify the entirety of their Order in Article 1 of the Training Agreement (completed in accordance with the quote and the purchase order.) It is therefore up to the Client to verify the accuracy of the Order and to immediately report any error to the Provider.
In the event of an error regarding the Order, a corrective email must be sent to the address salesadmin@immerscio.com as soon as possible, before any signature of the Training Agreement by the Client.
Upon receipt of the Training Agreement signed by the Client, under the conditions mentioned above, the Provider will validate the associated Order and the access to the trainings will be opened directly, and sent by email to the email addresses of the enrolled Learners, previously provided by the Client.
The Immerscio.bio Platform reserves the right to cancel or refuse any Order from a Client with whom there is a dispute relating to the payment of a previous Order.
5 – Access to ordered Services
The Learner accesses, via the Internet, 24 hours a day and 7 days a week, the Immerscio.bio Platform made available to them by the Provider by clicking on the link sent by the Provider and entering their Microsoft Windows account information.
The Provider is only bound by an obligation of means regarding the continuity of access to the Immerscio.bio Platform.
The Immerscio.bio Platform is compatible with all recent browsers. The details are mentioned in the GTC of the Immerscio.bio Platform.
The Learner has a period of two (2) months to complete one or more modules, from the receipt of the email sending the identifier. In the event that the Order includes one or more courses, the Learner has a period of four (4) months, from the receipt of the email sending their unique identification link.
Note. For anyone with a disability, it is possible to apply for extended time, upon request to the Provider. The Learner will therefore have a period of three (3) months to complete one or more modules, from the receipt of the email sending their unique identification link. In the case of a course, the Learner has a period of six (6) months, from the receipt of the email sending their unique identification link.
These deadlines are non-cumulative. These deadlines run from the date of receipt of the email sent by the sender noreply@immerscio.com informing them of the creation of their Immerscio.bio account and their access to the Immerscio.bio Platform via a link. After these deadlines, the Learner will no longer be able to access or complete their Training.
The Services offered are mainly conducted online and remotely, with the exception of virtual reality (VR) and mixed reality (MR) sessions. Consequently, the Learner will freely establish their schedules and work pace within the aforementioned access opening periods, except for the VR/MR sessions which will depend on the available and reserved slots by the Learner.
In case of suspicion of dropout, the Immerscio.bio Platform will implement a follow-up system to support the Learner in continuing their Training and to avoid any abandonment or premature cessation.
The evaluation methods for Learners are mentioned in Article 3 of the GTC as well as in Article 1 of the Training Agreement.
6 – Right of personal use
The Training selected by the Client is for the exclusive use of the enrolled Learners to whom access has been granted by the Provider, for the execution of the training Agreement.
Login credentials and the access link are strictly personal and confidential information, placed under the sole responsibility of the Learner. In this regard, they cannot be assigned, resold, or shared with third parties. The Learner guarantees to the Provider the execution of this clause and will be liable for any fraudulent or abusive use of the access codes.
The Learner will immediately inform the Immerscio.bio Platform of the loss or theft of the access keys.
In case of violation of the clause on inalienability or sharing of access keys, established by any means, the Provider reserves the right to suspend the Service, without compensation, notice, or prior information and, if necessary, to pursue the Learner.
7 – Accessibility and inclusion policy
The Provider has established an Accessibility and Inclusion Policy targeting individuals with disabilities, in order to create an inclusive environment open to as many people as possible. For more details, please refer to the Accessibility and Inclusion Policy of Immerscio.bio, available on the Immerscio.bio site.
The Immerscio.bio Platform has implemented adaptations for Learners with disabilities:
The modules can be subject to adaptations such as enabling subtitles or audio. These adaptations can be activated directly by the Learner in their space when undertaking their Training. The procedures to follow to implement these adaptations are mentioned in the menu, before the activity begins.
The establishment of extra time is also possible and must be validated prior to the start of the Training, after request from the Client and written agreement from the Provider.
No unilaterally proclaimed extra time by the Learner will be valid.
For any specific request, the concerned individuals can directly contact the disability referent of the Immerscio.bio Platform at the address salesadmin@immerscio.com.
All premises where RV or RM sessions take place are adapted to accommodate persons with reduced mobility or disabilities.
For more details, please refer to the Accessibility and Inclusion Policy of Immerscio.bio.
Warnings regarding the use of RV.
Most modules include RV or RM sessions. However, the use of RV can be dangerous for certain individuals with disabilities. A pedagogical alternative will be made available to affected Learners, such as replacement videos.
Clarifications. The Provider strongly advises against the use of RV in the following situations:
If in doubt, it is strongly recommended to contact one's doctor or specialist.
If you find yourself in one of the aforementioned cases, do not hesitate to contact the Provider's team at the address support@immerscio.com, to obtain more information about possible adjustments.
For more information, please contact the Provider's disability referent at the address salesadmin@immerscio.com.
8 – Pricing
The offered Services can be purchased by module or by course. However, the last module of a course (only concerning the final quiz) cannot be sold separately from the course it is linked to.
The Services offered by the Provider are provided at the current prices presented in the estimate sent to the Client following commercial discussions. These Services will also appear in the training Agreement.
The prices of the modules and courses do not include the cost of Internet access, which remains the sole responsibility of the Client and/or the Learner.
The prices are expressed in Euros, exclusive of taxes (HT) and inclusive of taxes (TTC).
The Provider reserves the right to change prices at any time.
Once an Order is placed, the price of the Order is fixed and non-negotiable. The payment requested from the Client corresponds to the total amount of the Order, including fees.
An invoice will be issued by the Provider and given to the Client after the signature of the training Agreement by the Parties. The preferred method of invoice delivery is email, unless there is a specific agreement between the Parties. The invoice will include VAT and all other applicable taxes and charges.
The current rates may benefit from discounts, rebates, and reductions in accordance with Article L441-1 I. of the Commercial Code.
9 – Payment terms
Invoices are payable in euros by bank transfer, upon receipt of the invoice by the Client (unless a specific prior agreement between the Parties). In this case, the deadline may be extended to a maximum of thirty (30) calendar days. Payment must be made to the bank details of the Provider indicated on the training Agreement, as well as on the invoice.
In case of error in billing (error on the registered office address, VAT or recipient), a correction request must be sent by the Client to the address salesadmin@immerscio.com as soon as possible. A revised invoice will be sent back as soon as possible.
9.1 Late penalties
In case of late payment, late penalties will automatically and rightfully accrue to the Provider, after sending one (1) reminder that went unanswered. These penalties will be calculated based on one and a half times the legal interest rate in effect on the due date.
These interests will accrue from the day after the payment due date.
In accordance with Articles 441-6 and D.441-5 of the Commercial Code, any late payment automatically entails, in addition to late penalties, an obligation for the debtor to pay a standard compensation of forty (40€) euros for collection costs.
Furthermore, the Provider reserves the right, in case of non-compliance with the payment terms mentioned above, to suspend or cancel the provision of Services ordered by the Client and/or to suspend the execution of its obligations.
10 – Right of withdrawal
The withdrawal period is a reflection period given to concerned individuals, after the conclusion of a contract with a professional. It allows the individual to reconsider their decision.
In principle, this option is reserved for non-professional Clients acting as consumers and Clients falling under Article L221-3 of the Consumer Code.
10.1 – Principle
For the record, the Client has the right of withdrawal in the case where the contract has been concluded off the establishment between two professionals, that the subject of the contract does not fall within the scope of the professional's main activity and that the number of employees employed by that professional is five or fewer.
The Client has, in accordance with the law in the context of a distance contract, a withdrawal period of fourteen (14) days, starting from the day after the conclusion of the contract to exercise their right of withdrawal, with the Provider and cancel their Order. No justification is required and no penalty must be paid. If this period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day.
The right of withdrawal can be exercised using the Withdrawal Form available in Appendix 1 of these CGV. This form must be sent by email with a read or receipt acknowledgment, to the address salesadmin@immerscio.com.
10.2 – Exception
However, pursuant to Article L221-28, 13° of the Consumer Code, the right of withdrawal shall not apply to individuals concerned, if all three conditions are cumulatively met:
In other words, if the Client gives their prior and express consent to the start of the Order before the end of the withdrawal period, as well as their agreement to waive their right of withdrawal, the Order may be executed as soon as the training Agreement is signed by the Parties.
The Client may expressly waive their right of withdrawal by directly filling out the Waiver Form for the right of withdrawal in Appendix 2 of these CGV. This form must be filled out and returned signed to the Provider, at the same time as the training Agreement.
11 – Liability of the Provider – Guarantee
The Provider guarantees, in accordance with legal provisions and without additional payment to the Client, against any lack of conformity or hidden defect arising from a design or execution defect of the ordered Services.
In order to assert its rights, the Client must inform the Provider, in writing at the address support@immerscio.com of the existence of defects or non-conformities within a maximum period of 24 hours, from the date of being aware of the defect or vice.
The Provider will correct or have corrected (to the extent possible) the services deemed defective as soon as possible depending on the identified level of difficulty.
In cases where correction is not possible, the Provider will refund all or part of the Services effectively paid for by the Client. The Provider's guarantee is limited to the refund of the Services effectively paid for by the Client. The Provider cannot be considered either responsible or in default for any delay or non-execution resulting from the occurrence of a case of force majeure as usually recognized by French case law, in accordance with Article 14 of these General Terms and Conditions.
The Services provided through the Immerscio.bio Platform comply with current regulations.
The Provider's liability cannot be engaged in case of non-compliance with safety instructions and warnings mentioned in the descriptions of the training modules and on the Regional Sites page.
In case of degradation or breakage of the material lent for in-person activities, the Immerscio.bio Platform reserves the right to retain a financial penalty from the responsible Learner, which may not exceed the purchase amount of the product.
12 – Protection of personal data
In application of Law No. 78-17 of January 6, 1978 "Data Processing and Liberties" amended by Law No. 2018-493 of June 20, 2018 and the General Regulation on Data Protection (Regulation EU 2016/679 of the European Parliament and Council of April 27, 2016 " GDPR "), which entered into force on May 25, 2018, it is recalled that the personal data within the meaning of the GDPR requested from the Client are processed on one of the legal bases of contractual performance, consent, legal obligation, or legitimate interest of the Provider.
The purposes of personal data processing are the processing of the contractual phase, the creation of access for Learners, the establishment of invoices, and the monitoring of the Learner's Training. All purposes of the different processing operations are explained in the Privacy Policy.
Some personal data are communicated to the Provider's partners (qualified as subcontractors within the meaning of the GDPR) responsible for the execution, processing, management, and payment of Orders. These subcontractors are mentioned in the Privacy Policy.
The processing of personal data by the Provider meets the legal requirements regarding personal data protection. In case of the collection of personal data belonging to minors or protected adults, double consent may be required.
The Client and its Learners have, in accordance with applicable national and European regulations, the following rights: the right to permanent access, modification, rectification, erasure, objection, and portability, and limitation of processing regarding the personal data concerning them. Additionally, there is also the right to refuse to be subject to automated decision-making, including profiling when based exclusively on an automated decision.
These rights can be exercised by sending a written request to the address DPO@immerscio.com.
For more details concerning personal data processing, please consult the Privacy Policy of the Immerscio.bio Platform, available on the Immerscio.bio Platform at the bottom right.
13 – Intellectual property
The content of the Immerscio.bio marketing website and the Immerscio.bio Platform is the property of the Provider and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of these contents is strictly prohibited and may constitute an infringement.
14 – Force majeure
The Provider or the Client cannot be held responsible if the non-execution or delay in the execution of any of their obligations, as described in these terms, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
Furthermore, paragraph 2 of Article 1218 of the Civil Code states: "If the impediment is temporary, the execution of the obligation is suspended unless the resulting delay justifies the resolution of the contract. If the impediment is definitive, the contract is resolved by operation of law and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1.".
In the event of a case of force majeure, the obligations of the Parties are suspended for the entire duration of its existence, unless the impediment becomes definitive, in which case the contract will be resolved by operation of law.
15 – Applicable law – Language
These General Terms and Conditions and the operations arising therefrom are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
16 – Disputes
All disputes to which the sales operations concluded under these General Terms and Conditions could give rise, concerning their validity, interpretation, execution, termination, consequences, and aftermath that could not be resolved between the Provider and the Client will be submitted to the Paris Court.
The Client is informed, in advance, that they can in any event resort to conventional mediation or to existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example).
17 – Pre-contractual information – Acceptance of the Client
The Client acknowledges having received the pre-contractual information and these General Terms and Conditions (prior to placing their Order and signing the Training Agreement) in a readable and understandable manner.
The fact of a legal entity placing an Order with the Provider implies full and unconditional acceptance of these General Terms and Conditions and obligations to pay for the Services ordered, which is expressly acknowledged by the Client who renounces, in particular, to rely on any contradictory document that would be enforceable against the Provider.
18 – Update of the General Terms and Conditions
These General Terms and Conditions may be modified or updated to take into account any internal, legislative, regulatory, or technical developments. The update will in no case affect the use prior to its entry into force.
Appendix 1: Example of Withdrawal Form
Example: I hereby notify you of my withdrawal from the Contract concerning the above-mentioned Order within the withdrawal period of 14 days.
This form must be sent to the address salesadmin@immerscio.com, imperatively accompanied by a read receipt and/or acknowledgment of receipt.
Done in XX, on XX
Client's Signature
Appendix 2: Example of Waiver Form for the Client's Legal Right of Withdrawal
By filling out this waiver form for the legal right of withdrawal of fourteen (14) days starting from the day after signing the Contract, the Client certifies:
This form must be sent to the address salesadmin@immerscio.com, imperatively accompanied by a read receipt and/or acknowledgment of receipt.
Done in XX, on XX
Client's Signature:
