Terms of Use

1. Purpose and acceptance of the terms

These terms of use (hereinafter the Terms) govern access to and use of the training portals made available by means of The Training Platform (hereinafter the Platform), a service operated by Appogée Sàrl, a limited liability company under Swiss law with its registered office at Chemin de Paudex 5, 1132 Lully, Canton of Vaud, Switzerland, entered in the commercial register under UID number CHE-340.224.808.

Each training organisation that uses the Platform (hereinafter the Organisation) has its own portal, accessible at an address specific to it (hereinafter the Portal). The Terms apply to any person holding an account on a Portal, whatever his or her role: learner, trainer, company manager or administrator of the Organisation (hereinafter the User).

By accessing or using a Portal, you declare that you have read these Terms and accept them. If you do not accept them, you must refrain from using the Portal.

The Terms are supplemented by the Platform's Privacy Notice, which describes the processing of personal data carried out by Appogée Sàrl. The contractual relationship between Appogée Sàrl and the Organisation is governed separately by the Terms of Sale and the Data Processing Agreement.

2. Account, access and security

Your account is personal and identified by your email address. It is linked to the Portal of a specific Organisation. If you attend training courses with, or work with, several Organisations, you may hold a separate account on the Portal of each of them; each account is managed independently.

You log in to the Portal without a password, by means of a one-time code sent to your email address. You are responsible for the security of your mailbox, since access to it gives access to your account. You undertake never to disclose a login code to a third party and not to allow anyone to use your account.

You undertake to provide accurate information and to keep it up to date. Any action carried out from your account is deemed to have been carried out by you, unless you have reported an unauthorised use without delay.

If you discover or suspect unauthorised access to your account or a security breach, you shall inform the Organisation or Appogée Sàrl without delay at info@the-training-platform.ch.

The Portal is not intended for persons under 16 years of age. Appogée Sàrl does not verify the age of users; the Organisation is responsible for the participants it registers.

3. Roles and access rights

Each account is assigned one or more roles on the Portal: administrator of the Organisation, trainer, company manager or learner. The role determines the information you can view and the actions you can perform.

It is the Organisation, not Appogée Sàrl, that decides who obtains an account on its Portal and which role is assigned to that person. Any request concerning your access rights must therefore be addressed in the first instance to the Organisation.

You shall use the rights attached to your role solely for their intended purpose. In particular, an administrator, a trainer or a company manager shall access other persons' data only to the extent necessary for his or her tasks within the Organisation.

4. Acceptable use and prohibitions

You undertake to use the Portal in accordance with its intended purpose, applicable law and these Terms, and not to infringe the rights of the Organisation, other Users or third parties.

In particular, it is prohibited to publish or upload content that is unlawful or defamatory, that infringes the personality rights or intellectual property rights of others, or that contains malicious code; to attempt to access without authorisation the Portal, its systems, another Organisation's Portal or other Users' data; or to circumvent, disable or test without authorisation the security measures or access restrictions.

It is also prohibited to extract data from the Portal by automated means, in particular by bots or scraping tools, other than through the documented public application programming interface made available for that purpose and within the limits set for it, and to disrupt or overload the operation of the Platform.

In the event of a breach, Appogée Sàrl or the Organisation may suspend or close access to the account concerned in accordance with clause 10, without prejudice to any other action.

5. Content, documents and communications

The Portal allows you to enter personal information and upload documents, for example certificates. You warrant that such content is accurate, that you are entitled to transmit it and that its transmission is lawful.

The content you transmit is made available to the Organisation, which manages it in the course of its training activities. You retain the rights you hold in your content and grant Appogée Sàrl and the Organisation only the rights necessary to host it, process it and make it accessible within the Portal.

The Portal sends you emails relating to its operation and to your relationship with the Organisation, such as login codes, confirmations and reminders. These messages form part of the operation of the Portal.

How your personal data are processed is described in the Platform's Privacy Notice and, for the processing for which the Organisation is responsible, in the Organisation's privacy policy.

6. Role of Appogée Sàrl and of the Organisation

Appogée Sàrl operates the Portal technically on behalf of the Organisation. For data relating to training courses, registrations and participants, Appogée Sàrl acts as processor and processes those data on the instructions of the Organisation, which is their controller.

Appogée Sàrl is not a party to the relationship between you and the Organisation. The Organisation remains the sole contracting party for any training course: registration, price, payment, cancellation and the conduct of a training course are governed by the Organisation's own general terms and conditions of sale, which it communicates to you.

The educational content, the information published about training courses and the decisions taken concerning you, in particular the acceptance of a registration or the issue of a certificate, are the sole responsibility of the Organisation.

Any question or complaint concerning a training course must be addressed to the Organisation. Questions concerning the technical operation of the Portal may be addressed to the Organisation or to Appogée Sàrl by email at info@the-training-platform.ch.

7. Availability and development of the service

Appogée Sàrl endeavours to ensure continuous access to the Portal, on a best-efforts basis. No uninterrupted availability is guaranteed.

Access may be interrupted or restricted for maintenance operations, for security reasons or due to events beyond Appogée Sàrl's control, in particular a failure of a third-party provider or force majeure. Appogée Sàrl endeavours to schedule maintenance so as to limit inconvenience to Users.

The Platform evolves continuously. Appogée Sàrl may add, modify or withdraw features in order to improve the service or to meet technical, security or legal requirements.

8. Intellectual property

The Platform and its components, in particular the software, the interfaces, the texts, the structure and The Training Platform trademark, are protected and remain the property of Appogée Sàrl or its licensors. Content published by the Organisation on its Portal, such as its logo and the description of its training courses, remains the property of the Organisation or its licensors.

You have a personal, non-exclusive and non-transferable right to use the Portal, limited to the duration of your account and to the use provided for in these Terms.

Any reproduction, adaptation, decompilation or exploitation of the Platform or its components that is not expressly authorised or permitted by law is prohibited.

9. Liability

To the extent permitted by Swiss law, Appogée Sàrl excludes its liability for damage resulting from the use of the Portal or from the inability to use it, in particular for indirect damage, loss of data or loss of profit.

Appogée Sàrl is not liable for the training courses themselves, nor for the content, information and decisions of the Organisation or other Users, nor for events attributable to third parties or to force majeure.

These limitations shall in no event apply to damage caused intentionally or through gross negligence, nor where the law prohibits the limitation or exclusion of liability.

You are liable for damage caused to Appogée Sàrl, the Organisation or third parties by use of the Portal contrary to these Terms or to the law.

10. Closure and suspension of the account

You may stop using the Portal at any time and request the closure of your account, either from the Organisation or from Appogée Sàrl at info@the-training-platform.ch. The closure of an account on one Organisation's Portal has no effect on the accounts you hold on the Portals of other Organisations.

Closing the account does not necessarily delete all the data linked to it. The Organisation may be required to retain certain information, for example accounting records or data relating to the training courses attended, for the period prescribed by law. The retention periods applicable to the processing carried out by Appogée Sàrl are described in the Privacy Notice.

The Organisation may withdraw a role or close an account on its Portal. Appogée Sàrl may suspend or close an account in the event of a breach of these Terms, in particular in the event of unlawful use or conduct compromising security; where circumstances permit, the User or the Organisation is informed in advance.

When the Organisation stops using the Platform, access to its Portal ends in accordance with the arrangements agreed between the Organisation and Appogée Sàrl.

11. Amendments to the terms

Appogée Sàrl may amend these Terms, in particular to take account of developments in the Platform or in applicable law. The date of the last update appears at the top of the document.

Material amendments are brought to your attention by appropriate means, for example a notice on the Portal or an email, within a reasonable period before they enter into force.

If you continue to use the Portal after the amended Terms have entered into force, you are deemed to have accepted them. If you do not accept them, you may stop using the Portal and request the closure of your account in accordance with clause 10.

12. Governing law and jurisdiction

These Terms are governed by Swiss law, to the exclusion of its conflict-of-laws rules.

In the event of a dispute relating to these Terms, the parties shall endeavour to find an amicable solution. You may contact Appogée Sàrl at info@the-training-platform.ch.

Failing agreement, the ordinary courts at the registered office of Appogée Sàrl, in the Canton of Vaud, have jurisdiction, subject to the mandatory places of jurisdiction provided for by law, in particular in favour of consumers.

Should any provision of these Terms be held void or unenforceable, the remaining provisions remain in force.