Date of publication: 28th June 2022
1. Acceptance of the GTC
2. Registered Users
3. Modifications and Cancellation
4. Fees
5. Guarantees
5.1. User liability
5.2. Availability
5.3. Exclusion of liability
6. Account, password and security
6.1. Personal disk storage
7. Intellectual property
8. Privacy policy
9. Miscellaneous
10. Jurisdiction and applicable law
11. Contact
The present General Terms and Conditions (hereafter "GTC") set out the
conditions under which the Ecole Polytechnique Fédérale de Lausanne, 1015
Lausanne (Switzerland) (hereafter "EPFL" or "We") proposes access and use of the
Noto/Jupyter Service (hereafter "Services") to users (hereafter "User" or
"You"), namely via the websites "noto.epfl.ch" (hereafter individually or
collectively the "Website").
1. Acceptance of the GTC
By accessing the Website and/or using the Services, You acknowledge that you
have read, understood and accepted that You are subject to all of the conditions
laid down in the GTC. The GTC, alongside any procurement and any specific
conditions, form the contract (hereafter "Contract"). Where Services are
provided via a third-party site (for example, Youtube), You also accept the
general terms and conditions and the privacy policy of the third-party site, for
which EPFL accepts no liability.
EPFL reserves the right to modify the present GTC and/or Privacy Policy at any
time. If You are a registered User, You shall be informed where necessary by
email of any new versions of the GTC or Privacy Policy. New versions of the GTC
or Privacy Policy shall also be made available on the Website. You are
responsible for regularly checking the GTC and the Privacy Policy and for
keeping yourself up to date regarding any modifications. Your continued use of
the Website and Services after the posting of modifications will constitute
express acceptance of the modifications.
2. Registered Users
Use of Services may be reserved for registered Users. In order to become and in
becoming a registered User, You represent and warrant that:
You are aged eighteen (18) years or over, or are over the legal minimum age in
your country of residence where this exceeds eighteen (18) years.
The information that You provide at the point of your inscription or online
registration (hereafter "Registration data") is accurate, current and complete,
and You shall maintain this information up to date.
You have the right to access the Website and to use the Services from your
country of residence and in accordance with the laws applicable to you.
You shall never transfer your account, your username or your password to a
third-party.
3. Modifications and Cancellation
You agree that EPFL may, at its sole discretion, modify, suspend or even close
the Website and the Services, cancel a course, exclude a User, block, cancel or
suspend your account, subcontract certain Services, and make certain parts or
all of the Services chargeable or free, this with or without reason, with or
without notice, and at any moment. EPFL shall not incur any liability towards
You in such a case, including for any prejudice or loss of data which may ensue
– explicit reference is made in
Article 5.3 below.
In the case of significant modification to the Services, You shall be given
prior notice and You shall be provided the possibility of cancelling your
registration.
You may cancel your account at any time with a notice of termination addressed
to EPFL in accordance with the instructions available on the Website. Your
access, possibility of using the Website and participation in the Website,
including any content which may be found there, may be excluded by EPFL at any
time.
4. Fees
Fees are payable in advance. In the case of late payment, EPFL may, immediately
and without prior warning, limit or suspend access to the Services. EFPL shall
not incur any liability for damages resulting from the suspension of access to
the Services, including the loss of information which may ensue.
5. Guarantees
5.1 User liability
You agree to withhold from violating any legal standard and to withhold from
using the Services for unlawful purposes or for any purpose other than that for
which they are offered to You. Specifically, you agree to respect the Directive
on the Use of EPFL Electronic Infrastructure.
You also agree to compensate and to hold harmless EPFL and its employees from
and against all claims, costs, damages and expenses (including legal fees and
court expenses) resulting from (i) your use of the Services; (ii) your
non-respect or violation of any provision of the GTC or the conditions
applicable to a third-party website; (iii) the non-authorised use of your
account; (iv) damages caused following the violation of third-party rights via
the use of the Services and (v) any other cause leading to damages for EPFL.
5.2 Availability
EPFL shall endeavour to ensure the reliable and lasting functioning of the
Website and the Services, but We cannot guarantee smooth and uninterrupted use
of the Website and Services, nor can We guarantee that the Website or Services
remain free from viruses, malfunctions or faults.
The Website and Services accessible over the internet may be affected by periods
of temporary unavailability. From time to time, EPFL shall update the Website
and Services, an action which shall render them inaccessible during a certain
period.
If the User must access the Website and the Services before a specific deadline,
he/she shall consider the risks of unavailability and shall be considered solely
responsible for taking the necessary measures in order achieve access in
advance.
5.3 Exclusion of liability
You use the Website and Services at your sole risk. EPFL endeavours to offer
quality, up to date content in the training courses it provides. However, We do
not guarantee that the content of the Website or the Services shall be
constantly up to date, available, free from error or consistent with the User’s
expectations.
If examinations are offered by EPFL or by a third-party, EPFL does not guarantee
success, nor that they shall correspond to the training course content, nor that
they shall be recognised by a third-party (academically, professionally or
otherwise).
Within the limitations of the law, EPFL accepts no liability or responsibility.
This exclusion of liability includes namely, but not exclusively, all prejudice
as well as all indirect, special, consecutive, exemplary or punitive damages and
interests, missed examinations, loss of profits, loss of income or loss of data.
The total liability of EPFL for any claim within the framework of the Contract
and the use of the Services, including for all implicit guarantees, is limited
to the amount that You have paid to Us for use of the Services over the course
of the previous six (6) months.
6. Account, password and security
The User is responsible for the quality and confidentiality of the password
chosen at the time of his/her registration, as well as for all activity
generated through his/her password and account. The User shall keep the
passwords given to him/her confidential and shall ensure that they are never
shared with a third-party.
You agree to inform EPFL immediately of any fraudulent use of your password or
your account and of any other breach of security, and You agree to close your
account at the end of each session (logout).
6.1. Personal disk storage
You are solely responsible for the conservation and safeguarding of your data.
By the mean of this Website and Services, you get access to computing power
(CPU, RAM and programming environments). You are solely responsible for
maintaining copies and backups of your personal files (notebooks, scripts and
other data). You understand that you have to make a fair usage of your personal
disk storage, you understand that this Website and Services are targeted at
teaching & learning and should not be used for processing large datasets. We
provide an automated backup service for your personal disk storage and we
reserve the right to delete your files as soon as you stop using this Website
and Services for more than 6 months, especially if your account contains a large
quantity of data.
7. Intellectual property
The Website and their Services, as well as their content, are protected by Swiss
legislation relating to intellectual property, in particular copywrite and
trademark laws. For the duration of your lessons, and provided that You respect
the terms of the Contract, EPFL grants You a time-limited, personal,
non-exclusive, non-sublicensable, non-transferable license to use the Services
for non-commercial purposes. This license may be revoked at any time.
Unless expressly and specifically provided for, the present GTC grant You no
right, title or interest with regards to the Services, trademarks, rights, logos
and other elements of EPFL identity or that of any other third-party which may
participate in relation to the Services.
Any use which would violate this license, namely use for commercial purposes or
the distribution of lesson aids, shall result in the immediate and automatic
cancelation of the Contract, without prejudice to any other rights (namely
damages) which may be asserted by EPFL.
8. Privacy Policy
By using the Website and the Services, You agree to provide certain personal
data, including Registration data and certain other information about You. EPFL
agrees to collect and handle this data in accordance with the Privacy Policy
available
here.
9. Miscellaneous
EPFL’s failure to exercise or enforce any right or provision in the terms and
conditions shall not constitute a waiver of such a right or provision.
If a provision of the Contract is found to be entirely or partially invalid, You
nevertheless accept that the intentions, as reflected in the provision, shall be
enforced to the greatest possible extent and that the other provisions of the
Contract remain valid.
You shall not assign or transfer any of your rights or obligations, nor shall
You subcontract the performance of your obligations. EPFL may assign or transfer
any right or obligation, or may subcontract the performance of any of its
obligations resulting from the Contract to a third-party at any time, without
your express consent, as it is understood that your consent is provided through
the present GTC.
The present GTC, as well as any document constituting the Contract, shall only
be modified in writing. Use of electronic messaging is considered sufficient.
10. Jurisdiction and applicable law
The Contract and all resulting questions or questions in connection with it,
including those relating to the use of the Website and the Services, shall be
governed by and construed in accordance with Swiss law, without regard to
conflict of law principles. You hereby agree that the courts of the district of
Lausanne (Switzerland) shall have exclusive jurisdiction.
11. Contact
For all questions regarding the GTC, and to report any violation, please contact
us at EPFL, Center for Digital Education, station 20, CH-1015 Lausanne.
