Termes et conditions

Last updated: 2024-09-17.

Definitions

For the purposes of this document, the following terms shall have the meanings set forth below. In particular, any grammatical form (e.g., singular, plural, possessive) of each of the following terms shall have a form-specific meaning corresponding to the defined term. All terms defined below are case-sensitive. The assigned meaning applies if the case of the characters in the term (uppercase or lowercase) exactly matches that of the defined term. For example, the meaning assigned to term that has first character in upper case not necessarily applies (may or may not apply depending on context) to same term with all characters in lower case, unless explicitly defined otherwise. A specific term may be defined either in this section or elsewhere in the document (an "inline definition"). Any terms not defined herein shall have the meaning assigned by applicable law, or if not legally defined, their meaning shall be inferred from the context within this document.

The term "Petits caractères" or "Termes et conditions"refers to this , the contract-offer, including all updates, modifications, and amendments.

The term "We" or "we" refers to Of Course Ltd, the legal entity that offers the Petits caractères and is party to the Petits caractères. We are incorporated in United Kingdom in accordance with its laws. We have a registered office at Suite A, 82 James Carter Road, Mildenhall, Suffolk, United Kingdom, IP28 7DE, United Kingdom and can be contacted using Contacts.

The term "You" or "you" refer to you, the natural or legal person who has accepted the Petits caractères and/or is party to the Petits caractères.

The term "Plateforme" refers to the website (hyperlink) operated by us, and any software used to deliver our products, services, and content.

Any of the terms "Service" or "Services" or "Produit" or "Produits" refers to respectively any or all of both product(s) and service(s) provided by us, particularly through the Plateforme, including but not limited to online products, online services, and support.

The term "Services tiers" refers to any services, content, or products provided by third parties that may be made accessible to you through the Plateforme.

The term "Contenu" refers to all materials, information, text, graphics, videos, software, and other content, including but not limited to the Matériel de cours, made available through the Plateforme.

The term "Contenu généré par l’utilisateur " refers to any content that you both own and post, submit, or otherwise share through the Plateforme, including but not limited to Cours reviews, comments, or other contributions.

The term "Cours" refers to the educational Contenu and Service, including lessons, materials, and assessments, provided by us in formats such as video, audio, text, quizzes, and assignments.

The term "Ensemble de cours" refers to any particular set of Cours either purchased by you or offered by us.

The term "Matériel de cours" refers to all content, materials, and intellectual property made available through our Cours, including but not limited to audio, video, written materials, presentations, assignments, tests, assessments and any other educational content

The term "Utilisateur" refers to any natural or legal person accessing or using the Plateforme and Services, including a visitor, registered user, client or buyer of the Services.

The term "Compte " refers to a personal Utilisateur account created and/or used by a natural or legal person on the Plateforme to access, purchase, and use the Services.

The term "Instructeur" refers to any person who creates, provides, or delivers Cours on the Plateforme, whether employed by us or acting as a third-party provider.

The term "Fee" refers to the monetary cost required to buy the Services offered on the Plateforme.

The term "Politique de confidentialité" or "Politique de protection des données personnelles" refers to our policy governing the collection, use, and protection of personal data as stated in the document of the same name.

The term "Propriété intellectuelle" or "Droits de propriété intellectuelle" refers to all intellectual property, including but not limited to copyrights, trademarks, patents, trade secrets, and all other proprietary rights associated with the Contenu and materials made available through the Plateforme and Services.

The term "Contacts" refers to contacts section of the Plateforme (hyperlink) that is to be used to contact us for any subject matter.

Octroi de droits contractuels

These Petits caractères constitute the contract-offer, a legally binding agreement between you and us, governing your access to and use of both the Plateforme and the Services.

We hereby both (1) enter into the Petits caractères contract with you under the terms and conditions stated herein and (2), subject to the Petits caractères, revocably grant you (herein referred to as "Octroi de droits contractuels", "Octroi du contrat", "Subvention de contrat") both (a) the right to access and use Services and (b) the non-exclusive, revocable, limited, conditional, personal, and non-transferable license to use the Plateforme if, and only if, each and all of these conditions (each herein referred to as "Condition d’octroi du contrat", "Condition d’octroi du contrat") are true:

you accept and agree to be bound by the Petits caractères;
you agree that using the Plateforme constitutes your request for us to implement pre-contractual measures aimed at entering into additional contracts;
you acknowledge that you have read and understood our Avis de confidentialité and Politique de confidentialité;
you are at least 16 years of age.

If any of the Conditions d’octroi du contrat is not true, then: (1) the Petits caractères contract is either not entered into or terminated automatically and immediately; and (2) Contract rights are either not granted or revoked automatically and immediately; and (3) we do not permit you to access or use the Plateforme and Services; and (4) you must cease accessing and using the Plateforme and Services immediately.

Apart from this clause, there will be no additional notice of both the Petits caractères contract termination and the revocation of the Subvention de contrat if it can be reasonably assumed that you already know, or should have known, that a Condition d’octroi du contrat is not true.

The Petits caractères apply to all users of the Plateforme and Services, including but not limited to visitors, registered users, and purchasers.

Any provisions of these Petits caractères may be modified or appended by separate written agreements between you and us. Additional, more specific terms and conditions published on the Plateforme for specific Services may apply to those Services, and in the event of any conflict between the Petits caractères and those more specific terms and conditions, the more specific terms and conditions will govern.

Certain provisions these Petits caractères may be further detailed with corresponding instructions on the Plateforme for specific Services.

We reserve the right to modify the Petits caractères at any time. Any changes will be effective immediately upon posting on the Plateforme. Your continued use of the Plateforme and Services following the posting of revised Petits caractères constitutes your acceptance of those changes. We encourage you to review the Petits caractères periodically to ensure you understand the terms that apply to your use of the Plateforme and Services.

Eligibility

By accessing or using the Plateforme and/or Services, you represent and warrant that you meet the following eligibility criteria:

Age as the Condition d’octroi du contrat: You must be at least 16 years of age to create an Compte , purchase Cours, or otherwise use the Plateforme and Services. Users under the age of 16 are not permitted to directly access the Plateforme and Services. If you are under 16 years old, your parent or legal guardian must create and manage an Compte on your behalf, and they must be the one to use the Plateforme and/or purchase any Cours or Services. The parent or legal guardian will be responsible for use of the Plateforme and/or Services, and must agree to be bound by the Petits caractères.

Underage access and use of Plateforme and Services: If you are not at least 16 years of age, no contract shall be deemed formed between you and us. Any attempt to access or use the Platform or Services is strictly unauthorized and illegal. Any such actions will be treated as void and the sole responsibility of parents or legal guardians.

Parental access and Responsibility: For users under 16 years of age, a parent or legal guardian must be the primary holder of the Compte . All purchases, Cours enrollments, and interactions with the Plateforme and Services for the underage user must be managed through the parent or guardian's Compte . By creating an Compte and purchasing Cours for an underage user, the parent or guardian acknowledges their responsibility for supervising the minor's use of the Plateforme and Services and compliance with the Petits caractères.

Legal capacity: You must have the legal capacity to enter into a binding contract. By using the Plateforme or purchasing/using any Services, you represent and warrant that you have the full legal authority to agree to and comply with the Petits caractères. If you are entering into this agreement on behalf of a legal entity, you further represent that you have the authority to bind that entity to the Petits caractères.

Accurate information: You agree to provide accurate, current, and complete information during the registration process and to update such information to maintain its accuracy throughout your use of the Plateforme and Services. Failure to provide accurate information may result in the suspension or termination of your Compte .

Compliance with laws: You agree to use the Plateforme and Services only in compliance with all applicable laws, regulations, and the Petits caractères. You shall not use the Plateforme and/or Services for any illegal or unauthorized purposes, and you agree to refrain from any activities that may disrupt or interfere with the proper functioning of the Plateforme or delivery of the Services.

Compte Security: You are responsible for maintaining the confidentiality of your Compte credentials and are fully responsible for all activities that occur under your Compte . You agree to notify us immediately of any unauthorized use of your Compte or any other breach of security. We will not be liable for any loss or damage arising from your failure to safeguard your Compte credentials.

Geographic restrictions: The Plateforme and Services are accessible from various locations worldwide. However, you are solely responsible for ensuring that your use of the Plateforme and Services is legal in your jurisdiction. We reserve the right to restrict access to the Plateforme and/or Services in certain jurisdictions if required by local laws or regulations.

Comptes

Creation and authentication: To access and use the Plateforme, including enrolling in Cours and utilizing other Services, you must create a user account through a third-party authentication service, such as Telegram or other supported platforms (hereinafter referred to as "Compte de service de messagerie "). By using a Compte de service de messagerie to sign up or sign in, you authorize us to use certain information of your Compte de service de messagerie for managing your access to Plateforme and Services.

Single identity: Your Compte de service de messagerie will serve as your sole Compte for the Plateforme and Services. You may not create multiple Comptes or attempt to misrepresent your identity by using different Comptes de service de messagerie . We reserve the right to suspend or terminate any Comptes found to be in violation of this policy.

Management and security: You are solely responsible for maintaining the security and confidentiality of your Compte de service de messagerie credentials, including any authentication tokens, passwords, or security settings associated with that Compte . Any activity conducted through your Compte de service de messagerie will be considered as having been performed by you. If you suspect unauthorized access or any breach of security regarding your Compte , you must immediately notify us.

Personal data protection: By using your Compte de service de messagerie to access the Plateforme and Services, you consent to our use of your Compte information in accordance with our Politique de confidentialité. We will only access and use the minimum amount of information required for Compte creation, authentication, and provision of the Services. Your Compte information will not be shared with third parties without your explicit consent, except as required by law.

Correct information: You agree to provide correct and up-to-date information during the registration process. Should any changes to your Compte de service de messagerie information occur (e.g., changes in your email address), you must update your details within your Compte de service de messagerie to ensure continued access to the Plateforme and Services. We will not be liable for any issues arising from outdated or incorrect information of your Compte .

Termination: You may terminate your Compte at any time by deactivating your Compte de service de messagerie or discontinuing its use for accessing the Plateforme and Services. However, any outstanding obligations (such as payment for purchased Cours) will remain enforceable, and termination of your Compte will not relieve you of any prior contractual obligations. We reserve the right to suspend or terminate your Compte at our sole discretion, including but not limited to cases of fraud, misuse, or violation of the Petits caractères.

Third-party service: Your use of a Compte de service de messagerie for authentication is subject to the terms and conditions of the respective third-party service provider. We are not responsible for any actions or policies of the third-party service provider, and you acknowledge that your legal relationship with that provider is independent of your legal relationship with us.

Inactivity: We reserve the right to suspend or terminate Comptes that have been inactive for an extended period. You will be notified of such action, and continued access may require re-authentication via your Compte de service de messagerie .

Purchases and payments

Pricing: The prices for individual Cours and Offres groupées de cours are displayed on the Plateforme or provided via a case-specific quote, depending on the type of enrollment and the specific requirements of the Utilisateur. All prices are listed in the applicable currency and include any applicable taxes unless otherwise specified. We reserve the right to change pricing at any time; however, any changes will not affect purchases that have already been completed.

Payment methods: All payments for Cours and Offres groupées de cours must be made through a third-party payments service provider. We do not collect or store any payment details, including credit card information. Accepted methods of payment are those supported by the payments service provider, and may include credit or debit cards, bank transfers, or other payment methods, depending on the provider's policies and regional availability.

Purchase and start of the Cours: Once a purchase has been completed, you will receive a confirmation email or notification outlining the details of your enrollment. The Cours is considered "started" once you have accessed the Matériel de cours or participated in any scheduled session or assignment related to that Cours. The purchase is considered final once Cours has been started, and start of the Cours is treated as a binding allocation of resources on our side. This includes but is not limited to reserving Instructeur time, Matériel de cours, and access to the necessary infrastructure.

Refunds: Due to the non-reversible commitment of resources, no refunds are available for any Cours that has started, including any Cours in the Ensemble de cours. In particular, no refund is available for any Cours once the Utilisateur has accessed any portion of the Matériel de cours or attended any sessions of that Cours. Complete refund is available for any Cours that has not started.

In particular, stated refund policy applies to Cours in a Ensemble de cours: Complete refund is available for any Cours in a Ensemble de cours that have not been started. No refund is available for any Cours in a Ensemble de cours that have been started.

Cancellation: Full refunds are available if a Cours or Ensemble de cours is canceled by you prior to the start of any Cours. Cancellations must be made by following the instructions provided on the Plateforme or contacting our support team. Once some Cours in the Ensemble de cours have been started, the prorated refund policy for Ensemble de cours, as described above, will apply.

Scheduled start and enrollment: Certain Cours may require specific scheduling for your enrollment to accommodate class sizes, Instructeur availability, or other capacity planning considerations. These requirements, including possible deadlines for scheduling or specific conditions tied to Cours delivery, will be detailed on the Plateforme. By enrolling in such Cours, you agree to comply with any scheduling or capacity-related conditions specified at the time of enrollment.

Access to Matériel de cours: Upon successful purchase and confirmation of enrollment, you will be granted access to the relevant Matériel de cours as described on the Plateforme. Access to Matériel de cours is generally provided for the duration of the Cours or as otherwise specified. We reserve the right to modify or update the content of any Cours as necessary to improve quality or respond to educational developments.

Changes and cancellations by us: We reserve the right to modify or cancel any Cours and Offres groupées de cours, including rescheduling start dates or making adjustments to Cours content, for reasons such as insufficient enrollment, Instructeur availability, or other unforeseen circumstances. In the event of a cancellation or significant modification of a Cours or Ensemble de cours by us, you will be entitled to a prorated refund for the canceled Cours, including any prorated refund for affected Offres groupées de cours as applicable.

Currency and taxes: Payments for Cours and Offres groupées de cours are typically processed in the currency specified at the time of purchase. You are responsible for any applicable taxes, fees, or currency conversion charges imposed by the payments service provider or your financial institution.

Dispute resolution: Any disputes related to payments or refunds will be handled in accordance with the applicable terms set by the third-party payments service provider. We will cooperate with the provider to resolve payment issues but are not responsible for any delays or errors caused by the payment provider.

Invoices: Invoices or receipts for your purchases will be issued electronically and sent to your registered email address. If required, you may request a hard copy of the invoice by contacting our support team.

Promotional offers: From time to time, we may offer promotional discounts or other offers on Cours or Offres groupées de cours. These offers are subject to additional terms and conditions and may be revoked or modified at any time at our sole discretion.

Access to the Services

Scheduled access: Access to a Cours may not be provided immediately upon payment due to the time required to allocate and commit the necessary resources, such as instructional capacity, Matériel de cours, and infrastructure. Utilisateurs are required to agree on the scheduled start date of the Cours through pre-sale support, as each Cours may have different requirements for enrollment and capacity planning.

Pre-agreed start: Before accessing a Cours, Utilisateurs must pre-agree on the Cours start date through coordination with our support team. This step is required to ensure that instructional resources, including faculty availability and other operational factors, are appropriately allocated. You will receive confirmation of the agreed start date via email or notification on the Plateforme. Until such an agreement is reached, the Cours will not begin, and access will not be granted.

Specific conditions: Specific conditions for accessing each Cours, including the possibility of delays or rescheduling, will be detailed on the individual Cours page on the Plateforme. These conditions may include, but are not limited to, minimum enrollment requirements, scheduling preferences, and any prerequisites necessary to access Matériel de cours.

Changes to start date: We reserve the right to change the scheduled start date of a Cours if necessary due to operational constraints or other unforeseen circumstances. If such changes occur, we will notify you promptly and work with you to establish a new start date. You will have the option to cancel the Cours for a full refund if no suitable alternative date can be agreed upon.

Delivery: Once access is granted, you will have access to the Matériel de cours and sessions in accordance with the schedule published on the Plateforme. Any deviations from the initially agreed delivery timeline due to operational or technical reasons will be communicated promptly.

Technical requirements: Access to the Cours requires you to have the necessary technical equipment and internet access. It is your responsibility to ensure that you meet the minimum technical requirements as detailed on the Plateforme for each Cours. Failure to meet these requirements does not entitle you to a refund or any adjustments to the schedule.

Access duration: Access to Matériel de cours is typically granted for the duration of the Cours as outlined on the Plateforme. After the completion of the Cours, access may be restricted or terminated unless otherwise specified.

Support: During the duration of the Cours, you may contact our support team for assistance with accessing Matériel de cours, scheduling issues, or any other inquiries related to Cours.

Propriété intellectuelle

Ownership of Matériel de cours: Matériel de cours are the exclusive property of us or our licensors, and protected by intellectual property laws, including copyright, trademark, and trade secret laws.

Limited license for personal use: Upon enrollment in a Cours, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Matériel de cours solely for your personal educational purposes. This license does not grant you any ownership rights in the Matériel de cours or any rights to reproduce, distribute, modify, display, or perform the Matériel de cours, except as explicitly allowed by the Petits caractères.

Prohibition of commercial use: You are strictly prohibited from using, sharing, reproducing, distributing, or repurposing the Matériel de cours for any commercial purposes, including but not limited to creating competing educational products or services, offering similar courses, or using the Matériel de cours to conduct training programs for third parties.

Competing providers: No competing provider of online courses, training, or other educational services may use or reuse any of our Matériel de cours in the development, creation, or offering of their own courses, either directly or indirectly. This prohibition extends to any similar service, platform, or organization that offers comparable educational programs or services.

Restrictions on copying and sharing: You may not download, copy, or share any part of the Matériel de cours unless expressly permitted by us. Unauthorized distribution of any Matériel de cours, whether online or offline, is strictly prohibited and may result in the termination of your access to the Cours, without refund, and may subject you to legal action.

Feedback and suggestions: Any feedback, suggestions, or ideas you provide to us regarding the Plateforme, Services, Cours, Matériel de cours, Contenu will be treated as non-confidential and non-proprietary. We reserve the right to use such feedback without any obligation to compensate you or acknowledge your contribution.

Infringement of Droits de propriété intellectuelle: We reserve the right to take legal action against any unauthorized use, reproduction, or distribution of our Propriété intellectuelle. Any attempt to exploit our Propriété intellectuelle in violation of the Petits caractères will be met with the full extent of our legal rights and remedies.

Third-party materials: Some of the Matériel de cours may contain content or resources licensed from third parties. Such third-party content is subject to additional terms and conditions, and you agree to comply with any such terms and conditions provided in conjunction with these materials.

Conduct of Utilisateur

Respectful behavior: You agree to conduct yourself in a respectful and lawful manner while accessing and using the Plateforme and/or Services, including during participation in any of the Cours, forums, or communication with other Utilisateurs, Instructeurs, or support staff. Harassment, abusive behavior, discrimination, or any form of offensive conduct will not be tolerated and may result in the suspension or termination of your Compte .

Prohibited activities: You are prohibited from engaging in any of the following activities while using the Plateforme and/or Services:

Illegal activities: Engaging in any activity that violates local, national, or international law, including intellectual property laws, is strictly prohibited.
Unauthorized access: Attempting to access Comptes , systems, or networks connected to the Plateforme without authorization, including hacking, phishing, or any other malicious activities, is strictly forbidden.
Disruption of the Plateforme and/or Services: Interfering with the operation of the Plateforme, including but not limited to spamming, transmitting malware, or disrupting the technical infrastructure of the Plateforme, is prohibited.
False information: Providing false or misleading information during Compte registration, participation in Cours, or in any communication with us or other Utilisateurs is prohibited.
Impersonation: You may not impersonate any person or entity, or falsely represent your affiliation with any person or entity, including Instructeurs, staff, or other Utilisateurs.

Protection of Propriété intellectuelle: You agree not to reproduce, distribute, modify, or publicly display any Matériel de cours unless you have obtained explicit permission from us. Any unauthorized use of the Propriété intellectuelle provided through Cours is strictly prohibited, as detailed in the Propriété intellectuelle section of the Petits caractères.

Respect for privacy: You must respect the privacy and confidentiality of other Utilisateurs. You may not share or disclose any personal information of other Utilisateurs, Instructeurs, or staff without their express consent. Additionally, you must comply with all applicable data protection laws when using the Plateforme and/or Services.

Compliance with Cours Rules: You agree to follow the specific rules and guidelines for each Cours, as set out by the Instructeurs or the Matériel de cours. Failure to comply with these rules may result in your removal from the Cours or the suspension of your Compte .

Prohibition of unauthorized commercial use: The Plateforme is for personal educational use only. You may not use the Plateforme, Services, Cours, Matériel de cours, or Contenu for commercial purposes, including advertising, soliciting, or reselling the Services, Cours, Matériel de cours, or Contenu without prior written consent from us.

Reporting violations: If you become aware of any violations of the Petits caractères, including inappropriate conduct or misuse of the Plateforme, you are encouraged to report such violations to our support team. We reserve the right to investigate and take any necessary action, including suspending or terminating Comptes , in response to violations.

Consequences of violations: Any violation of these conduct guidelines may result in the suspension or termination of your Compte , with or without notice, and may include further legal action if necessary. We reserve the right to remove you from Cours or restrict your access to the Plateforme at our sole discretion in response to any breaches of these Petits caractères.

Contenu généré par l’utilisateur

Ownership of Contenu généré par l’utilisateur

You retain ownership of any content you post, submit, or otherwise share through the Plateforme, including but not limited to Cours reviews, comments, or other contributions. By submitting your Contenu généré par l’utilisateur , you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display this Contenu généré par l’utilisateur in any media.

License to use

By posting or submitting your Contenu généré par l’utilisateur on the Plateforme, you grant us the right to share, display, and promote this Contenu généré par l’utilisateur as part of the Plateforme and Services. This includes using your Contenu généré par l’utilisateur for promoting Cours, Cours reviews, or other activities related to the Plateforme and Services.

Responsibility for Contenu généré par l’utilisateur

You are solely responsible for the accuracy, legality, and appropriateness of any Contenu généré par l’utilisateur you submit. You agree that your Contenu généré par l’utilisateur will not:

Infringe on any intellectual property rights, privacy rights, or other proprietary rights of any third party.
Contain defamatory, offensive, or unlawful material.
Include unauthorized commercial promotions, advertising, or spam.

Moderation and removal

We reserve the right to review, moderate, or remove any Contenu généré par l’utilisateur that violates the Petits caractères, applicable laws, or our community standards, without notice. We also reserve the right to block or suspend Utilisateurs who repeatedly violate these policies.

No endorsement

We do not endorse, approve, or guarantee the accuracy of any Contenu généré par l’utilisateur . All Contenu généré par l’utilisateur posted by Utilisateurs reflects their personal opinions and should not be taken as advice or professional guidance. You acknowledge that using or relying on any Contenu généré par l’utilisateur is at your own risk.

Feedback and suggestions

If you provide feedback or suggestions regarding the Plateforme, Services, Cours, Matériel de cours, or Contenu we may use that information without obligation to you and are under no obligation to keep such feedback confidential.

Third-party rights

You agree that your Contenu généré par l’utilisateur will not violate any rights of third parties, including intellectual property, privacy, and data protection laws. If you post Contenu généré par l’utilisateur on behalf of others, you represent and warrant that you have the necessary permissions to do so.

Politique de protection des données personnelles

Collection of personal data: We collect and process personal data of visitors, users, and customers of the Plateforme in accordance with applicable data protection laws. This includes personal data that may be collected during Compte registration, Cours enrollment, purchases, and interaction with the Plateforme and Services.

Compliance with the Droit de la protection des données personnelles: As part of our commitment to safeguarding your personal data, we ensure compliance with all relevant personal data protection laws, including but not limited to the General Data Protection Regulation (GDPR), and other applicable national and international regulations.

Reference to the Politique de confidentialité: The details of how we collect, use, protect, and process your personal data, including your rights related to your personal data, are outlined in our separate Politique de confidentialité document. We strongly encourage you to review our Politique de confidentialité, which can be accessed here.

Your acceptance: By using the Plateforme, you acknowledge that you have read and understood our Politique de confidentialité and agree to the collection and processing of your personal data as described therein.

Legal persons acting through representatives

Applicability

The Petits caractères apply to both natural and legal persons accessing the Plateforme and/or Services. Except for this section, references to "you" or "Utilisateur" in the Petits caractères refer to either a natural person or a legal person (such as a company). In the current section "Legal persons acting through representatives", "you" refers only to a natural person.

Representation of legal person

You can use the Plateforme and Services on behalf of either yourself or a legal person, but not both.

You may use the Plateforme and Services on behalf of a legal person if, and only if, all of the following conditions are met: (1) you have been authorized by the legal person to use the Plateforme and Services on behalf of that legal person as their representative; (2) you have notified us (using corresponding input elements of the Plateforme) that you are using the Plateforme and Services on behalf of that legal person; and (3) either that legal person is already bound by the Petits caractères, or your use of the Plateforme and Services binds that legal person to the Petits caractères. If at least one of these conditions is not met, then you use the Plateforme and Services in your individual capacity and agree to assume all obligations and liabilities under the Petits caractères personally.

Binding of legal persons

If you are using the Plateforme and/or Services on behalf of a legal person (such as a company, organization, or other corporate entity) and that legal person has not been bound by the Petits caractères, by accessing or using Plateforme and/or Services, you:

represent and warrant that you act as authorized representative and have the authority to bind that legal person to the Petits caractères;
accept the Petits caractères on behalf of the legal person you represent.

Lack of authority

If you do not have the authority to bind a legal person to the Petits caractères, you must not accept the Petits caractères on behalf of that legal person.

If you do not have the authority to use the Plateforme and Services as representative of a legal person, you must not use the Plateforme and Services on behalf of that legal person.

If your authority to bind a legal person to the Petits caractères is disputed, invalid, or absent, you agree that all obligations and liabilities incurred during your use of the Plateforme and Services will be personally binding on you, including any fees, penalties, or damages.

Delegation of use

Once the Petits caractères are accepted by an authorized representative of a legal person, any employee, agent, or representative of that legal person is permitted to use the Plateforme and Services on behalf of that legal person, provided such delegated use is authorized by that legal person and complies with the Petits caractères. The legal person shall be responsible for all actions performed by its employees, agents, or representatives. The legal person agrees to:

ensure that its employees, contractors, or agents using the Plateforme and Services comply with the Petits caractères and that any breach by its representatives is attributed to the legal person;
be responsible for all payments, invoicing, and other financial obligations related to the use of the Plateforme and Services; in case of disputes, the legal person, not its individual employees, shall be deemed the contracting party for financial obligations.

Transfer of personal data

When acting on behalf of a legal person, you agree not to submit any personal data of yourself or others (such as employees), except when such data is explicitly required by the Petits caractères or instructions of a specific Service.

A legal person is required to notify us if data transferred to us contains any personal data and identify that personal data. In the absence of such notice, we will assume that any data submitted in connection with the legal person's use of the Plateforme and Services is non-personal data attributable to the legal person, except when personal data is explicitly required by the Petits caractères or instructions of a specific Service.

Discounts

If for a specific Cours we offer group discounts based on the number of persons who take the Cours together in the group, the discount is calculated based on the number of natural persons in the group.

Corporate training

If specific Cours are advertised by us for corporate training programs, a legal person must be bound by the Petits caractères for those Cours to qualify as corporate training.

Disclaimers

Accuracy of Cours information

While we strive to ensure that the information provided within Cours, including Matériel de cours and descriptions, is accurate, up-to-date, and complete, we make no representations or warranties, express or implied, regarding the accuracy, completeness, or usefulness of such information. The content provided in Cours is for educational purposes only and may not reflect the most current developments in the relevant field.

No guarantees of results or outcomes

We do not guarantee any specific results or outcomes from taking Cours, including but not limited to certification, employment, or other professional advancements. The effectiveness of any Cours or the achievement of any personal or professional goal is subject to various factors beyond our control, including your own effort, prior knowledge, and the evolving standards of the industry or field in question.

Third-party materials and links

Our Cours may include materials provided by third parties or links to third-party websites or resources. We do not endorse, verify, or take responsibility for the accuracy or completeness of any content provided by third parties. Accessing third-party content is at your own risk, and we are not liable for any issues arising from such use.

No warranties

To the fullest extent permitted by applicable law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We provide the Plateforme, Services, Cours, Matériel de cours, and Contenu "as is" without any guarantees of any kind.

Changes to Cours

We reserve the right to modify, update, or discontinue any Service, Cours, or Contenu at any time without prior notice. This may include, but is not limited to, changes to Cours schedules, Instructeurs, materials, or pricing. We will not be held liable for any inconvenience or loss incurred as a result of such changes.

Limitation of liability

In no event shall we be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Plateforme, any of the Services, Cours, Matériel de cours, or Contenu, including but not limited to damages for loss of profits, loss of data, or other intangible losses, even if we have been advised of the possibility of such damages.

Limitation of liability

Liability cap

To the fullest extent permitted by applicable law, our total liability to you for any claims arising out of or relating to the Petits caractères, your use of the Plateforme, or any Cours provided by us, whether in contract, tort (including negligence), or otherwise, shall be limited to the total amount you paid for the Service or Cours that gave rise to the claim. In no event shall our liability exceed this amount.

Exclusions of indirect damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption, arising from your use of the Plateforme and/or Services, your participation in any Cours, or your reliance on any information provided by us, even if we have been advised of the possibility of such damages.

Exceptions

Nothing in the Petits caractères limits or excludes any liability that cannot be limited or excluded by law, including but not limited to liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation.

Force majeure

We shall not be held liable for any delay or failure to perform our obligations under the Petits caractères due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, strikes, or interruptions in internet or communication services.

Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, agents, and licensors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

Your use of the Plateforme and/or Services;
Your violation of the Petits caractères or any applicable laws or regulations;
Your infringement of any third-party rights, including intellectual property rights;
Any Contenu you submit to the Plateforme, including Contenu généré par l’utilisateur ;
Any dispute between you and any third party.

Cooperation in defense against legal claims

We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification by you, and you agree to cooperate with us in such defense. You shall not settle any claim without our prior written consent.

Notification

You agree to promptly notify us of any claim, demand, or action for which indemnification is sought.

Survival

This indemnification obligation will survive the termination of the Petits caractères and your use of the Plateforme and/or Services.

Governing law and dispute resolution

Governing law for interpretation

For the purposes of regular interpretation, performance, and compliance with this agreement, the contract shall be interpreted in accordance with the laws of the country of residence (for natural persons) or the country of incorporation (for legal entities) of the party interpreting or applying the contract (the "Applicable jurisdiction"). This governing law applies without regard to the conflict of law principles of that country.

Governing law for disputes

In the event of a formal dispute or legal claim, the laws of the country of residence (for natural persons) or the country of incorporation (for legal entities) of the defendant (the "Applicable jurisdiction") shall govern the interpretation and enforcement of the contract, without regard to its conflict of law principles.

Dispute resolution

Mediation

In the event of any dispute, claim, or controversy arising out of or in connection with the Petits caractères or the use of the Plateforme and Services, the parties agree to first attempt to resolve the matter amicably through mediation. Mediation shall be conducted in accordance with the mediation procedures and laws of the Applicable jurisdiction. Mediation may take place remotely or in any format agreed upon by both parties.

Legal actions

If the dispute is not resolved through mediation within 30 days of notice, either party may initiate formal legal proceedings in the court located in the district (or city) of the defendant's place of residence or registered office within the Applicable jurisdiction. If no such court exists in the district or city, the proceedings shall be brought in the court of the province or region where the defendant's place of residence or registered office is located. If there is no such court at the provincial or regional level, the proceedings shall be brought in the court of the country where the defendant resides or is located. These courts shall have exclusive jurisdiction over all disputes, claims, or controversies arising out of or relating to the Petits caractères, and both parties consent to the personal jurisdiction of these courts.

Waiver of class actions

You agree that any dispute resolution proceedings will be conducted on an individual basis only, and not as part of a class action or other representative action.

Termination of Services

Right to terminate: We reserve the right to suspend or terminate your access to the Plateforme and/or Services at any time, with or without notice, if we reasonably believe that you have violated the Petits caractères, applicable law, or any other policy governing the use of the Plateforme and/or Services.

Grounds for termination: Your access to the Plateforme and Services may be terminated for any of the following reasons:

Violation of the Petits caractères, including failure to comply with the User conduct or Propriété intellectuelle clauses.
Providing false or misleading information during Compte registration or at any time during the use of the Plateforme and/or Services.
Engaging in any activity that is harmful to other Utilisateurs, our system, or that interferes with the normal functioning of the Plateforme.
Misuse or unauthorized reproduction, distribution, or sharing of Matériel de cours in violation of our Propriété intellectuelle provisions.
Non-payment of any fees or charges due for the Services you have subscribed to or purchased.
Effect of termination: Upon termination, your rights to use the Plateforme and services will immediately cease. You may also lose access to any Matériel de cours, progress, or content associated with your Compte . Any termination does not entitle you to any refunds, unless otherwise specified in our refund policy.

Voluntary termination: You may terminate your Compte and cease use of the Plateforme and Services at any time. To do so, you must send a written notice to our support team via the contact methods listed on the Plateforme. Please note that any voluntary termination does not entitle you to a refund for any unused portion of the purchased Services or Cours.

Survival of Petits caractères: Certain provisions of the Petits caractères, including but not limited to Propriété intellectuelle, Limitation of liability, and Governing law, will survive termination and remain enforceable.

Reinstatement: We reserve the right, at our sole discretion, to reinstate access to the Plateforme and Services after termination. Reinstatement may be subject to conditions, such as adherence to specific guidelines or the payment of outstanding fees.

Force majeure

Definition of force majeure: We shall not be liable for any failure to perform or delay in performing any of our obligations under the Petits caractères where such failure or delay is due to circumstances beyond our reasonable control (hereinafter "Cas de force majeure"). Such events include but are not limited to:

Acts of God (natural disasters such as earthquakes, floods, hurricanes, or other extreme weather events)
War, invasion, or acts of terrorism
Civil unrest, riots, or disturbances
Government orders, laws, or regulations, including restrictions due to pandemics, quarantines, or public health emergencies
Strikes, labor disputes, or other industrial action
Interruptions or failures of electricity, internet, or telecommunications services
Fires, explosions, or other accidents

Suspension of performance: If a Cas de force majeure occurs, our obligations under the Petits caractères will be suspended for the duration of the event. We will make reasonable efforts to resume the Plateforme and Services as soon as the event ends, but we cannot guarantee the timeframe for resumption.

Notification: We will endeavor to notify Utilisateurs of the occurrence of any Cas de force majeure as soon as is reasonably practicable. Utilisateurs are encouraged to stay informed via our official communication channels regarding the status of the Plateforme and Services during such events.

No liability: We are not liable for any loss, damage, delay, or failure to fulfill our obligations due to a Cas de force majeure. This includes any inability to access Cours, delays in Cours schedules, or any other disruptions caused by such events.

Right to terminate: If a Cas de force majeure lasts for more than 60 days, either party has the right to terminate the Petits caractères by providing written notice to the other party. In the event of such termination, any prepaid but undelivered Services may be refunded in accordance with our refund policy, provided no portion of the Service has already been delivered or consumed.

Severability

If any provision of the Petits caractères and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the fullest extent permissible by law, and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way. The remaining provisions will continue in full force and effect.

Entire agreement

The Petits caractères constitute the entire agreement between you and us regarding the subject matter herein and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties. No amendment or modification of the Petits caractères shall be effective unless in writing, communicated to you, and accepted by you through your continued use of the Plateforme and/or Services.

Petits caractères in multiple languages

The Petits caractères may be available in multiple languages. In the event of any discrepancy, inconsistency, or conflict between the Petits caractères in English and the Petits caractères in any other language, the Petits caractères in English shall prevail.

Version

Last updated: 2024-09-17. Version string: 5v1.0.0AAAAAADe6v______7_________-f_v______3________38.