These General Terms and Conditions of Service (hereinafter referred to as the “GTS”) apply solely to independent professionals working in the following fields:
Hereinafter referred to as “edtakers”.
In order to register on this website, all edtakers must expressly accept the GTCS. It is therefore imperative that all edtakers take cognizance of the T&C insofar as they define the rules of use of the Site.
When the edtaker registers with EDTAKE on the Site and ticks the box “I accept the General Terms and Conditions of Service”, he acknowledges that he has read the General Terms and Conditions of Service and accepts them without restriction.
The information required by law from website publishers can be found on the « Legal notices ».
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Les GTS constitute a binding contract between:
The edtaker, as designated on the registration form,
On the on hand,
AND
EDTAKE, a simplified joint-stock company with capital of 1,312.66 euros, registered with the Toulouse Trade and Companies Register under number B 853 962 777, headquartered at 22 rue Lafayette, 31000, Toulouse.
Hereinafter referred to as “EDTAKE”,
On the other hand,
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In the GTS, words or expressions beginning with a capital letter have the following meaning:
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With regard to Customers, the Site is designed to assist them in designing professional training programs for their employees.
To this end, it enables Customers to propose to EDTAKE Offers of Mission, and if necessary to be proposed by EDTAKE one or more Profiles of edtakers having been the subject of a Pre-selection by EDTAKE for the purpose of approving them.
The purpose of the Site is therefore to enable edtakers to showcase their professional skills and previous achievements and to participate in these various Assignments.
Consequently, the GTS govern access, registration and use of the Site, as well as the terms and conditions of use of the Services, in particular (i) for edtakers to create their account in order, in particular, to be able to present their Profile to Customers who have published an Assignment Offer, and (ii) to be able to participate in an Assignment.
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In the relationship between EDTAKE and the edtaker, the General Terms and Conditions (supplemented by the edtaker's registration documents) govern their entire contractual relationship and apply to the express exclusion of any other agreement. EDTAKE advises edtakers to save or print out the General Terms and Conditions, but not to modify them.
EDTAKE advises edtakers to save or print out the GTCS, but not to modify them.
EDTAKE reserves the right to modify the GTS at any time by publishing a new version on the Site.
In this case, any Mission in progress will remain subject to the previous GTS. The modified GTS will be submitted to the edtaker for acceptance at the time of selection for any Mission subsequent to the modification. In the event of acceptance, any new Mission Offer in which the edtaker participates, and more generally the contractual relationship between the parties, will be subject to these modified GTS. In the event of rejection of the new GTCS, the contractual relationship between the parties will be terminated on the date of rejection of the new GTCS by the edtaker, and the edtaker will no longer be able to participate in any Mission Offer or access his/her Account, except for the time of any Mission in progress.
EDTAKE reserves the right, at any time, to improve certain features of the Site or to add new ones, which will automatically be subject to these GTC or to their modified version.
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These GTS are entered into for an indefinite period from the date of edtaker's registration.
Accordingly, either party may terminate the agreement, and thus the edtaker's registration on the Site, without cause or compensation to the other party, by giving EDTAKE thirty (30) days' notice when the termination is initiated by EDTAKE, and immediately when the termination is initiated by the edtaker. In the latter case, the edtaker simply needs to click on the “Delete my Account” link and confirm the operation.
The duration of an assignment is stipulated in the Assignment Offer.‍
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The Services are reserved for edtakers only.
The main Services are as follows:
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Any edtaker wishing to use the Service must first register on the Site.
Only professionals may register on the Site as edtakers. Consequently, any individual must be able to present a SIRET number in order to register on the Site.
Once the creation of an Account has been validated by EDTAKE, the edtaker may complete his/her Profile.
It is possible to modify and/or complete the Profile at any time by logging into the Account.
It is strictly forbidden for an edtaker to register on the Site under several identities or under a false identity.
EDTAKE reserves the right to withdraw access to the Account of an edtaker/Customer whose Identifier and/or activity are contrary to good morals or are of an illicit nature and, consequently, access to the resulting Services, without prior notice or compensation in favour of the edtaker, nor prejudice to the rights of EDTAKE.
The registration process cannot be completed if one of the mandatory fields is not filled in or if the box “I accept the general terms of service” is not ticked.
EDTAKE reserves the right to ask any edtaker to justify the information provided during the registration process. This information must be complete and accurate on the date the edtaker registers on the Site.
In the event of modification of this information, the edtaker undertakes to correct it, without delay, within his/her Account.
EDTAKE cannot verify the identity of edtakers or the veracity of the information provided by them.
Consequently, the edtaker acknowledges that any false information or information that has become false, communicated by him/her, is likely to engage his/her responsibility towards EDTAKE and/or the Customers.
The edtaker chooses a login and password. It is the edtaker's responsibility to change the password regularly from the Account. It is strongly recommended not to choose a password consisting of a common word, but to alternate numbers and letters, upper and lower case.
The edtaker is solely responsible for his login and password and the use he makes of them. The edtaker expressly undertakes to keep his/her password confidential and not to communicate it to anyone under any circumstances. Consequently, the edtaker expressly acknowledges that the entry of any Identifier and password constitutes proof of his/her identity and manifests his/her consent to all operations carried out on the Site following his/her identification.
The edtaker must take care to maintain a valid e-mail address during the period of registration on the Site, at the risk of no longer being able to access it, particularly in the event of loss of the password.
An edtaker's Account is strictly personal and may not be transferred, by any means whatsoever, to a third party, even free of charge.
EDTAKE shall not be liable for any loss or damage suffered by edtakers as a result of the use of their ID and password by a third party. In the event of loss, misappropriation or fraudulent use of all or part of his Identifier and password, the edtaker shall immediately notify EDTAKE and shall remain liable for any use made of his Identifier and password before having informed EDTAKE of misappropriation or fraudulent use of all or part of his Identifier and password, and before EDTAKE has been able to modify them within a reasonable period of time. In the event that an edtaker disseminates or uses his Identifier in a manner contrary to its intended purpose, EDTAKE reserves the right to terminate the contract and remove access to the Account as well as the Content, without prior notice or compensation. EDTAKE may also take legal action to obtain compensation for any damages it may suffer as a result of such dissemination or use.
These stipulations are expressly considered as substantial between the parties.
The edtakers expressly accept that EDTAKE's automatic recording systems shall be considered as proof of:
The performance of an Assignment is entrusted by the Customer to EDTAKE alone.
When an Assignment Offer is published by the Customer, EDTAKE receives the information automatically via the Site.
The Mission Offer is expressly considered between the parties as accepted by EDTAKE at the moment when either EDTAKE has notified its acceptance of the Mission Offer without reservation, or the Client has approved the edtaker Profile(s) having been the subject of a Pre-selection in the case of EDTAKE's use of edtakers.
Consequently and where applicable, the edtakers thus approved will act as subcontractors in the execution of the Mission entrusted by the Client to EDTAKE.
The contractual provisions between EDTAKE and the subcontractor(s) for the execution of all or part of this Project are set out in the “Subcontracting Contract”.
Before publishing an Assignment Offer, the Customer may simulate the price of the Assignment by area of expertise, it being specified that this estimate is provided purely as an indication and is automated by the Site on the basis of an average daily rate, an estimate of the workload and the number of iterations. The Customer is free to use or not this estimate in determining his budget. The customer is free to use or not this estimate in determining his budget.
For the publication of a Job Offer, the Customer must provide the following information:
In the event that EDTAKE follows up on an Offer of Assignment and in the event that EDTAKE uses one or more edtakers to carry out an Assignment, it undertakes to pre-select one or more edtakers on the basis of the Profiles that appear to it to be the best and most suitable in relation to each Offer of Assignment that it has received from a Customer.
Offers of Work are available only to edtakers preselected by EDTAKE and approved by the Customer.
EDTAKE presents the Mission Offer to these edtakers via their Account. Edtakers can view all pending Mission Offers on the dedicated page of their Account.
The preselected edtaker has a period of forty-eight (48) hours from publication of the Mission Offer on his Account to express his wish to carry out the Mission.
As soon as a Preselected edtaker accepts to carry out an Assignment, it is automatically cancelled for any other edtakers who have been Preselected.
The Customer expressly accepts that EDTAKE may call upon any subcontractor of its choice from among all edtakers to carry out all or part of an Assignment.
Where applicable, edtakers subject to pre-selection must be validated by the Customer; this validation constitutes approval within the meaning of article 3 of law 75-1334 relating to subcontracting.
Where applicable and in application of article 14 of law 75-1334 relating to subcontracting, the Customer hereby accepts that EDTAKE may delegate it to the subcontractor under the terms of articles 1336 et seq. of the Civil Code, up to the amount of the services performed by the subcontractor, and to bind itself to the latter.
EDTAKE is responsible for coordinating the subcontractors it chooses and, if necessary, for making up for any shortcomings by any means.
In any event, EDTAKE shall remain liable to the Customer for the performance of subcontracted services.
The edtaker's registration on the Site in order to benefit from the Services is free of charge.
In the event of the performance of an Assignment, the price and terms of payment of the edtaker by EDTAKE are stipulated in the “Subcontracting Agreement” referred to in Article 9 hereof.‍
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Content is recorded on the Site by an edtaker for the sole purpose of presenting his/her Profile. This Content will therefore be accessible only to Customers.
For technical reasons, only certain types of files are processed on the Site. In addition, the size of these files is limited.
Lastly, no Content likely to present a threat to the Site's computer security may be saved by the edtaker in his or her Account.
In all cases and at any time, the edtaker may delete his Content from his Account, except for any Mission still in progress.
Content remains in the edtaker's Account as long as the edtaker has not deleted it, or as long as the edtaker remains registered on the Site.
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Content is organized into two categories:
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Consequently, the edtaker is solely responsible for this second category of Content.
EDTAKE therefore only provides a technical hosting service for this Content. The management of edtaker Content on the Site is entirely automated,
EDTAKE does not check the consistency or, therefore, the legality of the Content when it is registered in an edtaker's Account, which is in principle immediate, subject to Internet processing times.
EDTAKE is only the publisher of the content it publishes on its Site on its own initiative.
The Content recorded by edtakers on the Site is not subject to any control, either a priori or a posteriori, by EDTAKE. In application of law no. 2004-575 of June 21, 2004 “for confidence in the digital economy”, EDTAKE is therefore expressly deemed between the parties to be the host and not the publisher of the Content thus recorded on the Site.
In this respect, and in accordance with the aforementioned law no. 2004-575 of June 21, 2004, which notably determines the responsibilities of Internet content hosts, EDTAKE is obliged, in its capacity as host, to act promptly to remove any illicit data it may be hosting or to make access to it impossible, as soon as it becomes aware of such data.
It should be noted that EDTAKE has no general obligation under this law to monitor the information and content accessible on the Site, nor any general obligation to seek out facts or circumstances revealing illicit activities.
In all cases and by way of example, without this list being exhaustive, edtakers and Customers undertake not to record any Content, or send any message, which:
Edtakers and Customers expressly agree that EDTAKE may delete from their Account any Content that is contrary to good morals or does not comply with current regulations regarding online content, without prior notice or compensation to the edtaker or Customer concerned, and without prejudice to EDTAKE's rights.
Every edtaker and every Customer guarantees EDTAKE against any civil condemnation which could be pronounced against him because of the recording on his Account of a Content contrary to good morals or not in conformity with the regulations in force as regards on-line contents.
EDTAKE cannot be held responsible for Content recorded and/or transmitted by an edtaker, on his or her own initiative and under his or her sole responsibility, which may infringe the rights of third parties.
Edtakers and Customers undertake to EDTAKE to hold all intellectual property rights or to have the authorization of the holders of rights on the Content that they register on their Account and/or transmit to EDTAKE and guarantee EDTAKE against the consequences of the registration of this Content on the Site and of its transmission.
Furthermore, it is strictly forbidden for edtakers and Customers to introduce, by any means whatsoever, data likely to modify or prejudice the content or presentation of the Site, in particular viruses, Trojan horses, spyware, malicious software, etc. EDTAKE reserves the right to modify the content of the Site at any time and without prior notice.
During the term of the contract, the edtaker may at any time take a copy of the files constituting the Content on his Account.
In view of the free nature of the edtaker's Content hosting service, EDTAKE does not guarantee that the edtaker's Content on the Site will be completely and perfectly saved, nor that it will always be accessible on his Account.
Consequently, it is the edtaker's responsibility to regularly save the Content present in his Account on any medium belonging to him.
In particular, EDTAKE assumes no obligation to supply edtaker with its Content at the end of the contract, for whatever reason.
At the end of the contract, for whatever reason, and subject to data processing time, EDTAKE will delete all edtaker Content from its online databases, including all Content, and will only retain an offline copy for the legally applicable period.
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EDTAKE attaches great importance to the protection of personal data and wishes to assure edtakers that their privacy is protected. The purpose of this article is to inform edtakers of the processing of personal data concerning them, i.e. data enabling them to be identified, directly or indirectly, and of their rights with regard to such processing.
The edtaker is hereby informed that his or her registration and use of the Services give rise, for EDTAKE, to the collection and automated processing of personal data concerning him or her, the use of which is subject to the provisions of the following regulations:
Law no. 78-17 of January 6, 1978 on Data Processing, Data Files and Individual Liberties, as amended,
Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter “GDPR”).
In particular, the following personal data is collected and processed:
EDTAKE also offers all edtakers and customers the possibility of receiving newsletters by e-mail, to which they can subscribe by entering their e-mail address. If an edtaker or customer no longer wishes to receive such messages, they can opt out at any time by clicking on the appropriate link in each newsletter. If an edtaker or customer no longer wishes to receive such messages, they may opt out at any time by clicking on the appropriate link in each newsletter. The e-mail addresses collected in this way are processed for the purpose of sending the EDTAKE newsletter. edtaker or customer subscribers to the newsletter have the right to access and rectify their personal data, which they may exercise directly on their Account.
The use of this data is exclusively reserved for EDTAKE.
The privacy and protection of the personal information that edtakers transmit to EDTAKE are essential, and EDTAKE makes every effort to ensure their security by implementing all the means at its disposal to preserve data security and, in particular, to prevent it from being deformed, damaged or accessed by unauthorized third parties.Thus, exchanges between edtakers and the Site are ensured by means of the “SSL” secure communication protocol.
In order to better meet edtaker expectations, EDTAKE may share certain information with its service providers, qualified as “subcontractors” within the meaning of the aforementioned law (e.g. for the supply of IT hosting infrastructures). In all other cases, personal data may not be disclosed to a third party without the edtaker's prior consent. By registering on the Site, the edtaker accepts that this data may be transmitted to Customers. EDTAKE specifies that it has no intention of selling or marketing edtaker personal data. EDTAKE will keep the edtaker's personal data confidential, with the exception of the information contained in the Profile.
No Mission may result in any processing of personal data by EDTAKE and/or an edtaker without the conclusion of an amendment to the present GTS.
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EDTAKE uses “cookies” to optimize use of the Site and, in particular, the following categories of cookies:
These last three categories of cookies require the consent of Internet users, which can be given by clicking on “Settings” and then “Accept”.
Internet users may also, at any time, click on the “Privacy & Cookies Policy” link on any page of this website and choose to accept or refuse the various cookies used on the site (except those essential to its operation).
In addition, the edtaker is informed that once identified on his Account, these last three categories of cookies are not used by EDTAKE so that no information is collected.
In accordance with current regulations, the consent collected by EDTAKE from Internet users for the use of cookies is valid for thirteen (13) months from the date of deposit of the cookie. At the end of this period, EDTAKE will need to obtain the consent of Internet users once again.
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For any information, complaint, question or advice, the edtaker may contact EDTAKE's “Supplier Relations” department at the following address:
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The Site is optimized for browsing with the following browsers: Microsoft Edge versions 87.0.x.x and higher; Firefox versions 4 and higher; Safari versions 4 and higher; Chrome versions 14 and higher; Opera versions 9.25 and higher.
The Site is normally accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond EDTAKE's control.
In addition, the operation of the Site may be temporarily impaired or interrupted, in whole or in part and to all or part of the edtakers, in particular for maintenance, updating or technical improvement, without prior notice. EDTAKE may not be held liable for such interruptions in service or operation.
EDTAKE cannot be held responsible for the non-operation, impossibility of access or malfunctioning of the Site due to unsuitable equipment, malfunctioning of the services of the edtakers' access provider or those of the Internet network, or for any other reasons beyond EDTAKE's control. The same applies to all other reasons beyond EDTAKE's control.
In addition, edtakers acknowledge that the characteristics and constraints of the Internet network do not make it possible to guarantee the total security, availability and integrity of data transmissions. Consequently, EDTAKE does not guarantee that the Site will function without interruption or error.
Finally, as the Internet is accessible to all and, in particular, to ill-intentioned persons, edtakers acknowledge that EDTAKE cannot guarantee the absolute secrecy of correspondence exchanged by the means made available to them on the Site.
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EDTAKE is the owner of all intellectual property rights and/or exploitation rights, in particular copyright, database rights and trademark rights, pertaining to the Site, its content and all its constituent elements.
The Site, as well as the software, database structures, texts, information, analyses, images, photographs, graphics, logos, sounds, trademarks or any other data contained on the Site remain the exclusive property of EDTAKE or, where applicable, of their respective owners with whom EDTAKE has concluded usage agreements.
Under no circumstances may they be reproduced, used or represented without the express written authorization of EDTAKE, under penalty of legal action.
EDTAKE grants edtakers a non-exclusive, personal and non-transferable right to use the Site and the original intellectual works and data it contains. The right thus granted consists of (i) a right to consult online the original intellectual works and data contained on the Site and (ii) a reproduction right consisting of a printout and/or a backup of these original intellectual works and data consulted. This right of use is for strictly private use only.
Any other use of the Site, in particular commercial use, by edtakers is forbidden without the express written authorization of EDTAKE.
In particular, edtakers shall refrain from reproducing and/or representing for any use other than private, downloading, selling, distributing, issuing, translating, adapting, exploiting, distributing, broadcasting and communicating in full or in part in any form whatsoever, for commercial or non-commercial purposes, any original work of the mind or data contained on the Site.
Finally, the domain name of the Site “edtake.com” belongs to EDTAKE.
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Any hypertext link to the Site, regardless of the type of link, must be authorized in advance by EDTAKE, either on paper or electronically.
The Site may include hypertext links to other websites or Internet resources external to the Site.
At the time of their creation, EDTAKE made every effort to ensure that these websites and other Internet resources did not contain any content that contravened French law.
However, insofar as EDTAKE cannot constantly monitor these external sites and resources, it cannot ensure that these sites and resources always comply with legal requirements.
Consequently, EDTAKE cannot be held responsible for the provision of these external sites and resources unless the Internet page or resource to which a hypertext link has been created contained content that contravened French law at the time it was created.
EDTAKE cannot therefore be held responsible for the content, advertising, products or services available on or from these external sites or resources after the hypertext link was created on its Site. By express agreement, it is up to edtaker to prove that the said hypertext link was created prior to the distribution of such content, advertising, products or services.
Apart from this, the edtaker hereby acknowledges that EDTAKE cannot be held liable for any damage or loss, whether actual or alleged, arising from or in connection with the use or knowledge of the content, advertising, products or services available on these external sites or resources.
If, in the context of a search conducted on the Site, the result of this search leads an edtaker to point to sites, pages or forums whose title and/or content constitute an infringement of French law, taking into account in particular the fact that EDTAKE cannot control the content of these sites and external sources, he should interrupt his consultation of the site concerned without incurring the penalties provided for by the applicable legislation or answering for legal action initiated against him.
Finally, if, despite EDTAKE's best efforts, one of the hypertext links present on the Site points to a site or Internet resource whose content does not comply or does not appear to comply with the requirements of French law, the edtaker undertakes to contact the director of the publication immediately in order to communicate the address of the pages of the site in question. EDTAKE then undertakes to examine the said site and to inform the edtaker of the action it intends to take, within a reasonable period of time. The edtaker undertakes not to institute legal proceedings against EDTAKE until he has received a response from EDTAKE within a reasonable period of time. The edtaker also undertakes to take legal action against EDTAKE only if EDTAKE refuses to remove the link.
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In the event of non-performance by one of the parties of one of its substantial obligations, the other party may give notice of termination of the present contract, fifteen (15) days after formal notice to remedy the situation has remained without effect, without prejudice to any damages that may be due.
It is expressly agreed that any breach by a party to the “Subcontracting Agreement” referred to in article 9 hereof may be considered by the party who is the victim thereof as a breach of a substantial obligation under these GTS.
EDTAKE may also, at its discretion, send a notice to the offending edtaker reminding it of its obligations.
EDTAKE reserves the right to terminate any contract with an edtaker who provides false information when registering on the Site, or who fails to comply with contractual obligations or applicable laws and regulations. In the event of an emergency and, in particular, in the event that EDTAKE has to withdraw all or part of the Content registered on the Site by the edtaker in application of the law and/or the GTC, the termination of the GTC may be effective immediately, i.e. without any notice or compensation for the edtaker.
In the event of termination or suspension of access rights to areas of the Site reserved for the edtaker's Identifier at EDTAKE's initiative, edtaker will be notified of the contractual breaches complained of and of any termination of the GTCS by e-mail, to the address provided by edtaker.
Access to areas of the Site reserved for presentation of the edtaker's Identifier will then be withdrawn by EDTAKE as soon as possible.
EDTAKE is only responsible for the content of the pages it publishes and the Services it offers.
EDTAKE cannot be held responsible for any damage that may occur to an edtaker's computer system and/or for the loss of data resulting from the use of the Site by an edtaker.
EDTAKE may not be held liable for facts other than those relating to the Site and messages exchanged within the framework of the Services. EDTAKE does not guarantee the availability or performance of the Site. EDTAKE shall not be liable for any loss suffered by an edtaker as a result of a lost profit, loss of opportunity or loss of image. EDTAKE may only be held liable for direct and foreseeable damage caused exclusively by EDTAKE's failure to meet its obligations.
In the event that EDTAKE is held liable for a breach by an edtaker of its obligations under the contract or under applicable law, the edtaker shall indemnify EDTAKE against all judgments against EDTAKE or out-of-court settlements. This guarantee covers any compensation paid out, as well as legal fees and court costs to be borne by EDTAKE.
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EDTAKE shall not be held liable for any default, delay or non-performance of its obligations under the GTS, where such default, delay or non-performance is due to force majeure.
The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by French case law: total or partial strikes, whether internal or external to EDTAKE, lock-outs, bad weather, blockage of means of communication for any reason whatsoever, computer or server breakdowns, electrical or technical problems blocking telecommunications, failure or malfunction of transmission networks via the Internet and any other event beyond the control of the parties, preventing the normal performance of the GCS.
Furthermore, the edtaker declares that it is aware of the complexity of the global networks, the unequal capacities of the various sub-networks, the influx of users at certain times and the various “bottlenecks” at certain points on the Internet. As current Internet transmission protocols cannot guarantee the correct reception of messages and the integrity of transmitted documents on a continuous basis, EDTAKE cannot be held liable in the event of faulty transmission due to a failure or malfunction of these transmission networks.
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The fact that one of the parties to the contract does not invoke a breach by the other party of any of its contractual obligations shall not be construed as a waiver of the obligation in question for the future.
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The edtakers accept in advance that EDTAKE may be substituted in the execution of the GTCS by any company. EDTAKE will notify the edtaker by e-mail of the date on which this substitution will take place. On this date, the GTS will be deemed terminated between the parties so that each party will be released from its obligations to the other and new GTS will be deemed concluded between the edtaker and the entity that has substituted EDTAKE.
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The French-language version of the GTS is the only legally valid version and the only one that can be used in legal proceedings.
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The GTS are governed by French law.
IN THE ABSENCE OF AN AMICABLE AGREEMENT BETWEEN THE PARTIES, ANY DIFFICULTY RELATING TO THE INTERPRETATION OR EXECUTION OF THE PRESENT CONTRACT WILL FALL WITHIN THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF TOULOUSE, IRRESPECTIVE OF THE PLACE OF EXECUTION OF THE CONTRACT, THE DOMICILE OF THE DEFENDANT OR THE METHOD OF PAYMENT ACCEPTED, EVEN IN THE EVENT OF A WARRANTY CLAIM, A MULTIPLICITY OF DEFENDANTS OR A REFEREE PROCEDURE.