These general terms and conditions of use (hereinafter the « General Terms and Conditions of Use » or « GTCU ») govern, without any restriction or reservation, the relations between any user (natural person) of the MyLeadership web app (hereinafter the « User ») and THOMAS MORE PARTNERS, a simplified joint stock company with share capital of €100,000, with registered office at 14 avenue Franklin Delano Roosevelt – 75008 PARIS, registered with the Paris Trade and Companies Register under number 937 697 852 (hereinafter « TMP »), it being specified that these GTCU also apply, without any restriction or reservation, when TMP, on the MyLeadership web app, uses a trading name other than THOMAS MORE PARTNERS to designate its services, and in particular when TMP uses the « UTOPIA » brand for this purpose.
The purpose of these GTCU is to govern the terms of use of the MyLeadership web app (hereinafter the « App »). These can be accessed at any time on the App, and shall prevail, where applicable, over any other previous version or any other contradictory document.
The User’s attention is drawn in particular to the fact that TMP, although it has a certain level of know-how related to its activity, is not an IT professional. The App is therefore made available as is and without any guarantee other than those expressly specified below. In particular, it is not guaranteed that the App will run without any bugs or malfunctions. Similarly, the App is outfitted with standard level features and performance.
TMP can be contacted by e-mail: rgpd@thomas-more-partners.com.
The App is hosted by GANDI, whose contact details are as follows:
GANDI SAS, a simplified joint stock company with share capital of €800,000, with registered office at 63-65 boulevard Masséna Paris (75013) FRANCE
Siren No. 423 093 459 Paris Trade and Companies Register
VAT no. FR81423093459
Tel. +33 (0) 1 70.37.76.61
Fax +33. (0) 1 43 73 18 51
1. Acceptance of the GTCU
The User declares that s/he has read these General Terms and Conditions of Use and has accepted them by ticking the box provided for this purpose when s/he creates his/her Personal Account, which allows him/her to access the App. These GTCU may be subject to subsequent amendments, the applicable version will then be the one in force and published on the App, which the User declares that s/he accepts.
2. Definitions
In addition to the terms defined elsewhere in the GTCU (including in the preamble), the following terms shall, for the performance and interpretation of these General Terms and Conditions of Use, have the meaning defined below whether they are used in the singular or the plural:
“Personal Account” means a User’s personal space on the App. This space can only be accessed by entering login details (e-mail and password), and enables access to the Content provided by TMP via the App. It also allows the User to view and modify his/her own Data.
“Data” means the information entered by the User in the fields provided for this purpose, and stored in the App, including Personal Data.
“Personal Data” means data that, within the meaning of the applicable regulations, in particular the French Data Protection Act of 6 January 1978 as amended and the General Data Protection Regulation of 27 April 2016, make it possible to designate or identify, directly or indirectly, a natural person.
3. Description of the services provided
The App is an educational support web app for the various training courses, advice, seminars and personalised support offered and provided by TMP in terms of Authentic Leadership (hereinafter “Training”).
As such, the App allows the User to access and use online, during or after a Training course and within the exclusive framework thereof, the educational content, tools and deliverables made available by TMP in the App (hereinafter the “Content”). The App also allows the User to access, use and modify his/her Data.
This Content may, at any time, be the subject of modifications, changes and/or developments by TMP, both technical and functional, which the User hereby accepts. These modifications, changes and/or developments may be made without prior notice, request for agreement or previously informing the User, it being specified that in the event of substantial modifications, changes and/or developments of the Content, TMP undertakes to inform the User of these.
4. Creation and Management of a Personal Account – Use of the App – Closure of a Personal Account
a) Creation of the Personal Account
To access all the Content offered via the App, a Personal Account must be created for the User concerned, using a Personal Account creation form, which can be completed:
By TMP prior to a training seminar on Authentic Leadership offered by TMP and in which the User participates face-to-face, it being specified that at the start of said seminar, each User will be invited to confirm the information entered by TMP in the Personal Account creation form, to finalise said form (accessible by a QR Code) if applicable, and to set his/her password.
By the User, when s/he does not attend a face-to-face training seminar on “Authentic Leadership” offered by TMP, by completing the Personal Account creation form which can be accessed from a hypertext link (or any other medium or means, at the discretion of TMP) which will be sent to him/her by TMP during the Training concerned. In this specific case, TMP will confirm the User’s registration on the App after verifying the e-mail provided by the latter to create his/her Personal Account.
The User is required to complete all fields of this Personal Account creation form, to provide complete and accurate information and undertakes to update this information in the event of a change, via his/her Personal Account.
To open his/her Personal Account, the User must provide mandatory or optional Personal Data, under the conditions set out in the Privacy Policy, which can be accessed here.
The creation of a Personal Account is reserved solely for Users who are taking part or who have taken part in Training, and the User undertakes not to create an account in the name and on behalf of a third party.
Each Personal Account is personal and non-transferrable, and the User therefore also undertakes not to create or use any account other than the one that is created for his/her own account.
b) Management of the Personal Account
Access to the Personal Account created, and to the App, is then protected by an e-mail and a confidential password of which only the User is aware.
The User acknowledges and accepts that s/he is required to keep his/her login details (e-mail and password) confidential.
The User is formally prohibited from assigning, lending or transferring his/her login credentials to any third party or from allowing a third party, by any means whatsoever, to log in and/or use his/her Personal Account.
If the User becomes aware of an unauthorised use of his/her login details or Personal Account, s/he undertakes to inform TMP of this without undue delay by e-mail to the address given in the preamble.
c) Use of the App
The User undertakes to use the App in accordance with its intended purpose and in compliance with the applicable legal and regulatory rules as well as these General Terms and Conditions of Use.
The User undertakes not to inform, indicate or disseminate, in any form whatsoever, via the App and his/her Personal Account, erroneous or inaccurate Data, prohibited content (e.g. hateful, defamatory content, insults, incitement to violence or racial hatred, harassment, etc.), content which presents a risk to the security of the App, content which harms third parties or infringes their rights, or which would contravene the law or the rules of conduct, values and ethical framework that TMP communicates to the User in the context of his/her Training (hereinafter the “Rules”), the User acknowledging that he/she has received said Rules, is familiar with them and accepts them.
The User is solely responsible for all uses of his/her Personal Account and is also solely responsible for the Data that is entered and stored in the App when using the latter. TMP does not have access to said Data, which can only be consulted and accessed by the User, with the exception of Personal Data relating to the identification of the User and entered by the latter for the purposes of creating and managing his/her Personal Account, namely: First name, Surname, E-mail address, Telephone number, Company and role, Department or team to which s/he is attached. The User also undertakes not to reproduce, represent, communicate to the public, distribute, adapt or communicate to third parties, make copies (in whole or in part) or excerpts of the Content, which is made available, exclusively, for their reading in the context of using the App, to the exclusion of any other purpose. The User assumes full responsibility for the use of the App and the Content via his/her Personal Account.
The User guarantees TMP against any claim, grievance or action by a third party in connection with the Data entered by the User in his/her Personal Account when using the App (hereinafter the “Third-Party Claim”). In the event of a Third-Party Claim, the User shall act promptly to remove the Data in question.
The User shall be personally liable for any Third-Party Claims so that TMP is not affected and, in any event, it shall reimburse any damages and expenses that TMP may have had to bear, where applicable, in the case of such actions, claims or grievances, or, more generally, due to a breach by the User of the provisions of the GTCU.
TMP undertakes to make its best efforts to ensure that the App remains accessible as much as possible under conditions of reasonable use, it being specified that access to the App may be suspended due in particular to any maintenance operation needed to ensure that it is running properly.
The User is also informed of the technical hazards inherent to the Internet and communications networks that may lead in particular to interruptions in access or slowdowns.
TMP does not make any commitment to the User as to the level of service concerning the duration of operation of the App, access, availability or use of the App, and may not under any circumstances be held liable for a stoppage in the operation of the App, leading to the closure of the User’s Personal Account, a lack of access to the App, a lack of availability or a reduction in the performance of the App.
d) Suspension - Closure of the User Account - Consequences
Any User may close his/her Personal Account at any time by submitting a request to the address indicated in the preamble.
TMP has the right to suspend and/or close a User’s Personal Account and to prohibit him/her from accessing the Content in the event of non-payment of the Training with which access to the App is associated, extended non-use of the App over time, breach or violation of the law or these General Terms and Conditions of Use by the User, a Third-Party Claim, an identified risk related to the security of the App due to the User’s behaviour, or any behaviour or act that is incompatible with or contrary to, or which is reasonably likely to be so, the normal use of the App or the Rules (hereinafter “Events of Default”). TMP has the right either to suspend and then close the Personal Account, or to close the Personal Account directly.
In addition to Events of Default, TMP also has the right to close the User’s Personal Account in the event of a stoppage in the operation of the App or migration to another medium or web App.
In these cases, TMP will inform the User of its decision to suspend or delete the Personal Account concerned via e-mail. The suspension of a Personal Account shall be effective:
Without notice, at the time of TMP’s decision to suspend it, giving notice of the Event of Default;
Shall last until the date on which TMP has observed and validated that the Event of Default which gave rise to the suspension has been remedied by the User, with a maximum of two (2) months. If, at the end of this period, it has not been found and validated by TMP that the Event of Default giving rise to the suspension has been remedied by the User, TMP may delete the Personal Account;
The deletion of a Personal Account shall be effective:
Within fifteen (15) days of notification of the deletion of a Personal Account by TMP or within a maximum period of forty-eight (48) hours in the event of a Third Party Claim if the User has not acted promptly to remove the Data in question;
As of confirmation by TMP of the deletion of the Personal Account requested by the User concerned.
The deletion of a Personal Account, whether at the initiative of the User or of TMP, shall entail the definitive deletion of the Data stored on the App and access to the Content.
The User shall be personally liable for the retention of any and all Data entered by the latter in the App when using it, in particular by storing them on another medium, without TMP being held liable in this respect, and more particularly following the definitive deletion of the Data stored on the App following deletion of the Personal Account concerned or in the event of unavailability or interruption in the operation of the App.
5. Liability
The User acknowledges and accepts that TMP is not bound by an obligation to monitor or control the Data entered and stored in the App by the User, the latter being solely responsible for such Data.
In particular, the User shall be solely responsible in the event of:
Incorrect entry or transmission of Data;
Alteration or deletion of Data following errors attributable to the User;
Authorisation to access the App issued by the User to third parties;
Non-compliance with TMP’s recommendations in the context of the use of the App, as well as the Rules, and, more generally, causes of damage over which TMP has no control, such as the irregular use and/or misappropriation of Data and/or access identifiers, or fault or negligence of the User;
Non-compliance by the User with the applicable legal or regulatory requirements.
Events of Default.
TMP shall only be held liable in the event of a serious and proven breach of its obligations as defined by the General Terms and Conditions of Use.
In this respect, it is expressly specified that TMP is bound by a performance obligation under these General Terms and Conditions of Use, and may not, in particular, be held liable for a lack of access to the App or a slowdown of the latter, when the lack of access or the slowdown is due to cases of force majeure or failures of the public telecommunications network, or loss of Internet connectivity due to operators, or temporary interruptions due to maintenance.
In any event, TMP is only liable for bodily injury and material damage caused to the User which would result directly from a fault on its part but cannot under any circumstances be held liable, regardless of the type of liability action brought, even if TMP has been informed of their possible occurrence, unless otherwise provided by mandatory legal rule, for indirect damage, and/or sometimes qualified as incidental, special damage, whether material or immaterial, consequential or not, including any loss of profit, loss of earnings, damage to the brand image, loss of orders and customers, loss of data or loss of use suffered by the User or by a third party.
7. Personal Data
The conditions under which TMP and, where applicable, third parties, may process Personal Data are specified in the Privacy Policy, which can be accessed here.
It is hereby specified that TMP shall not have access to any Personal Data entered by the User in the App, with the exception of Personal Data relating to the identification of the User and entered by the latter for the purposes of creating and managing his/her Personal Account, namely: First name, Surname, E-mail address, Telephone number, Company and position, and Department or team to which they are attached.
8. Intellectual property
The App, its Content and the know-how of TMP to which the User will have access during his/her use of the App and/or the Training are the exclusive property of TMP, and are protected by French and international laws, and in particular those relating to intellectual property.
No provision of these General Terms and Conditions of Use may be interpreted as assigning or transferring to the User all or part of the rights, and, in particular, the intellectual property rights, of TMP attached to the App, its Content and its know-how.
In consideration for payment of the price of the relevant Training by the User directly or by his/her employer indirectly, TMP grants the User a non-exclusive, personal and non-transferable, non-sub-licensable right to use the App, for the sole purpose of accessing and reading the Content as part of his/her Training, to the exclusion of all other purposes, and until such time as his/her Personal Account is closed.
The Content may not be used, adapted, modified, transformed, reproduced, or exploited without TMP’s express written authorisation. In particular, the User shall refrain from using the Content to train or advise other persons and shall be liable in the event of the use, exploitation, adaptation, transfer or communication of this information without written authorisation. More generally, the User shall refrain from using, reproducing, adapting or exploiting the Content for commercial purposes or for the purposes of studies, analysis or the creation or distribution of content (texts, graphics, images or videos, etc.), courses, conferences, methods, media or training.
Any use or exploitation of the Content outside the conditions hereof shall be considered an unlawful use of the rights, in particular intellectual property rights, of TMP.
In general, and without this list being considered exhaustive, the User undertakes:
not to reproduce, copy, transfer, transmit, summarise, integrate, alter, modify, move, remove, replace or redistribute, permanently or temporarily, on any medium or in any manner whatsoever, the App or its Content, including the diagrams, and/or the name, logo, trademark and/or any other information or distinctive brand relating to TMP’s rights to the App or the Content;
not to sell, rent, sub-license or distribute in any manner whatsoever the App and its Content;
not to merge all or part of the App into other computer programs or create derivative works based on the App or its Content;
not to adapt the App, compile, decompile, disassemble, translate, analyse, reverse engineer or otherwise attempt to access all or any of the source codes or attempt to do so, except to the extent permitted by law;
not to extract or reuse, including for private purposes, without the prior written authorisation of TMP, a substantial or non-substantial part of the content of the databases and archives comprising the App;
not to allow, directly or indirectly, through advice, aid or assistance, any third party whatsoever, to carry out any of these acts or to infringe the intellectual property rights of TMP;
to implement any and all measures to avoid any hacking of the Data contained in the App, and in particular to avoid the unlawful use or use contrary to these General Terms and Conditions of Use of any information or Data in any manner and in any form whatsoever;
inform TMP as soon as it becomes aware of any hacking or illegal or non-compliant use of the App.
In addition, the User shall refrain from fixing by him/herself any bug or malfunction of the App of any kind whatsoever, with TMP alone reserving this right. TMP does not provide the User with the source codes of the App, which remain the exclusive property of TMP.
9. Term - Termination
These General Terms and Conditions of Use shall come into force when they are accepted by the User at the time his/her Personal Account is created.
These General Terms and Conditions of Use shall remain in force between TMP and the User until such time as the User’s Personal Account is closed.
The User may terminate the contractual relationship at any time by closing his/her Personal Account in accordance with the above terms and conditions.
TMP may terminate the contractual relationship at any time by sending an e-mail to the address provided when the User created his/her Personal Account by notifying him/her of the termination, the reason for it and the effective date of termination.
Termination shall take effect 15 days from the sending of the termination e-mail, without prejudice to what is stated in Article 4 d).
Such termination shall result in the closure of the User’s Personal Account.
10. Applicable law - Language - Disputes
These General Terms and Conditions of Use and the transactions arising therefrom are governed by and subject to French law.
These General Terms and Conditions of Use are written in French. If they are translated into any other languages, only the French text shall be the official version in case of a dispute.
All disputes to which these General Terms and Conditions may give rise, concerning their validity, interpretation, performance, termination, consequences and sequelae and which are unable to be resolved between TMP and the User shall be submitted to Paris Combined Court (France).