The purpose of the present General Terms and Conditions (hereinafter, "GTC") is to define the rights and obligations of the parties arising from the online sale of services (hereinafter, "Services") offered by the company KARTABLE INC., registered in the state of Delaware, USA, at the address 850 New Burton Road, Suite 201, Dover 19904 (hereinafter, the "Company") to the customer (hereinafter, the "Customer") on the website kartable.com (hereinafter, the "Website") and its variations, including future (not guaranteed) applications for tablets and mobile phones (hereinafter, the "Mobile Application").
Services refer to all products and services offered for sale by the Company on the Website and the Mobile Application.
The present GTC come into force on the date of their publication on the Website and/or Mobile Application. By validating your order, you explicitly accept the present GTC without reservation, except when another document issued by the Company (e.g., a prospectus or catalog) applies, and enter into a contract (hereinafter, the "Contract") with the Company. Unless formally accepted by the Company in writing, no other conditions shall prevail over the present GTC, which constitute the Contract between the Customer and the Company. Minors under 15 years of age may create a personal account on the Website or Mobile Application, provided at least one person with parental authority provides his or her consent to the collection of their personal data. Paid subscriptions are limited to users who are 18 or over. If a user has not yet reached the required minimum age, the paid offer must be subscribed by a person of legal age serving as a legal representative. Please note that the person with parental authority over the registered minor will be responsible for ensuring the minor complies with both the General Terms and Conditions of Use and the General Terms and Conditions of Sale.
If you are 18 or over, you may subscribe on behalf of a user who has not yet reached the legal age.
2. The subscription service
2.1. Description of the subscription
The Company offers Customers a subscription which allows for:
i. Unlimited access to all content.
ii. Content published by the Company on the Website and/or the Mobile Application to be downloaded as a PDF.
iii. Access to a comprehensive work method including academic follow-up, within the limitations of the respective offer (hereinafter, the "Subscription").
iv. Accéder à une méthode de travail complète permettant un suivi scolaire des Clients.
The Company reserves the right (as per the provisions of the law) to modify, improve, and delete parts of the Subscription as it sees fit, particularly when it comes to the emergence of new technology. The Company shall ensure that any such changes do not result in a price increase during the term of the respective Subscription, nor in a drop in quality or a significant change in the functionality of the service.
Furthermore, the Company reserves the right, without notice or subsequent liability, to temporarily suspend access to the Subscription for legal or regulatory reasons, or to provide maintenance, repair, upkeep, or updating associated with technological developments or required to ensure the continuity of the Services. In this regard, Customers release the Company from all liability and waive their right to any such claims and/or proceedings. Whenever possible, notifications of temporary interruptions to the service will be posted on the Website and/or Mobile Application at least 24 (twenty-four) hours before the interruption occurs, except in the case of an emergency. In order to receive these updates on a mobile device (phone and/or tablet), Customers must download them from the Internet via their Mobile Application.
The Company also reserves the right, without subsequent liability, to terminate the Subscription. In such a case, the termination will be announced via the Website and/or Mobile Application at least 1 (one) month before it occurs. The Customer will no longer be required to make payments from the date the Subscription ends, and will be refunded for any sums paid for the Subscription on a pro rata basis from the effective date of the cancellation.
2.2. Duration of the Subscription
The Company offers a "Solo" or "Family" Subscription in the following three versions:
"Monthly:" the Subscription takes effect on the day it is confirmed by the Company, and lasts for one month. For example, if a subscription is confirmed on November 20, 2020, it is valid until December 19, 2020, at 11:59 PM;
"School Year:" the Subscription takes effect on the day it is confirmed by the Company, and lasts until July 31 of the current school year, with a school year lasting from August 1 to July 31 of the following year;
"Two school years:" the Subscription takes effect on the day it is confirmed by the Company, and lasts until July 31 of the year following the current school year.
With the "Solo" offer, the Customer may only sign up one user per Subscription.
With the "Family" offer, the Customer can register up to three users per Subscription.
Subscriptions are offered by the Company for a fixed term, with automatic (tacit) renewal. The duration of each Subscription is specified in the respective offers on the Website (https://www.kartable.com/subscribe/plans).
Free and/or paid trial or discovery offers of various lengths are sometimes offered on the Website for various periods of times. Unless otherwise specified, such offers are subject to the present GTC and limited to a single registration (same Internet Protocol (IP) address and/or email address) and payment method, regardless of the trial or discovery offer.
Each Subscription is valid until the end of the term agreed upon by the Customer.
2.3. Cancellation
Customers may cancel their Subscription at any time in accordance with the following conditions: the Customer must request the cancellation via their personal account, or notify customer support by email at support@kartable.com before the end of the Subscription, or, in the case of a trial or discovery offer, before the end date and time indicated in the Customer's account.
The cancellation will take effect on the day after the final day of the current subscription period.
The Customer will no longer benefit from the functionalities of the Subscription on the day the cancellation takes effect.
If the Customer fails to cancel the Subscription as described above, the Subscription will be tacitly renewed for the same amount of time as the original subscription period. In the event of a tacit renewal, the Subscription will be charged at the rate that is valid on the Website and/or Mobile Application at the time of the renewal.
Unless otherwise specified on the Website and/or Mobile Application, and unless terminated by the Customer in accordance with the conditions described above, trial and discovery offers will, upon expiring, be automatically transformed into paid Subscriptions and charged according to the terms of the respective Subscription.
3. Ordering services
To order a Service (in particular, the Subscription) on the Website and/or Mobile Application, Customers must:
Follow the instructions on the Website and/or Mobile Application, and in particular the instructions for creating a customer account;
Complete the order form and declare they have read the GTC by checking the corresponding box;
Validate the order;
Follow the instructions provided on the secure online payment server for proceeding with the payment.
The Customer will immediately receive an email with i) a confirmation of payment, ii) an acknowledgement of receipt (serving as an order confirmation), and iii) a link to the present GTC.
The Company reserves the right to refuse an order if it is abnormal or placed in bad faith, or for any other legitimate reason, in particular if a dispute already exists with the Customer regarding the payment of a previous order.
4. Prices - Terms of payment
The applicable Subscription prices are those that are found on the Website and/or Mobile Application on the day the order is validated. Subscription prices may change, but such changes will only apply to ongoing Subscriptions upon the renewal (if applicable) of said Subscriptions.
The Company will inform the Customer by email of any price changes before they come into effect. Customers may refuse price changes by cancelling their Subscription. In such a case, the cancellation will take effect at the end of the current Subscription.
Upon validation of an order, the amount due does not include sales taxes.
Depending on the order, the amount due may also include delivery costs. On the other hand, all costs incurred to access the Website and/or Mobile Application are the exclusive responsibility of the Customer.
The Customer can pay the amount due on the Website or Mobile Application by credit card (Visa, Eurocard, MasterCard, etc.). If Customers share their bank details with the Company, these details may be saved by the Company to facilitate future Subscription payments and/or purchases on the Website and/or Mobile Application.
As per Article 8 of the present GTC, Customers may request that the Company delete their bank details.
The respective secure online payment service provider (independent of the Company) may also save the bank details of the Customer in accordance with their own data processing guidelines.
Services must be paid in full at the time of the order, whether they involve one-time purchases or Subscriptions. Upon verification of the payment data and reception of authorization from the respective card provider, the transaction is immediately charged to the Customer's card.
The commitment to pay by means of a credit card is irrevocable. By providing their credit card information, Customers authorize the Company to debit the price of the Service on the date of the order from their card.
The Company agrees to take all the necessary precautions to ensure the confidentiality and security of any data transmitted by the Customer on the Website or Mobile Application.
5. Right of withdrawal
Customers cannot use their right of withdrawal to cancel a Subscription for digital content that is not provided on a physical medium and which has begun to be provided after the Customer has explicitly agreed to receive such content and waived their right of withdrawal in its regard.
The Customer explicitly acknowledges and agrees that i) their Subscription begins as soon as their order has been confirmed and therefore before the end of the 14-day withdrawal period granted by the Consumer Code, and ii) they explicitly waive this right of withdrawal. Subsequently, no withdrawal, cancellation, or refund requests will be accepted for the subscribed period.
6. Warranty - Liability
The products and Services offered by the Company must be delivered in accordance with the conditions provided on the Website and Mobile Application.
For Subscriptions, these conditions can be found at: https://www.kartable.com/subscribe/plans. The Customer is considered aware of the limits and constraints of the Internet and mobile Internet networks. Consequently, the Company shall in no way be held responsible for any malfunctions leading to the unavailability of its Services, for delays in the loading and consultation of pages, for temporary or permanent interruptions to its Services, or for any fraudulent use of the information on the Website and/or Mobile Application by third parties.
Customers are responsible for protecting their computer or any other equipment against intrusions and/or contamination by viruses. The Company shall in no way be held liable for such attacks. Furthermore, the Company shall not be held responsible for any malfunctions or damage to the equipment of the Customer.
The Company shall also not be held liable in the event that its Services are incompatible with certain devices and/or the functionalities of the computing equipment of the Customer.
Customers are solely responsible for their use of the Services and shall not hold the Company liable for any claims and/or proceedings that are filed against them in this regard. The Customer agrees to take full responsibility for any claim, complaint, or dispute, and more generally, for any proceedings filed against the Company by a third party in connection with the Customer's use of the Services.
As the password used to log in to a personal account is strictly personal, it is the responsibility of the Customer to keep this password secure and confidential. Customers are solely responsible for the use of their password on the Website and/or Mobile Application. The Company shall not be held liable for any damages Customers may suffer as a result of the fraudulent use of their password.
7. Propriété intellectuelle
The Website and Mobile Application as a whole, as well as each of their elements (texts, courses, written exercises, oral exercises, answer keys, methods, tips, tree diagrams, software, animated objects, images, drawings, models, trademarks, photographs, illustrations, charts, logos, sounds, music, downloadable content, etc.) are, unless otherwise specified, the exclusive property of the Company, which is the sole proprietor of the corresponding intellectual property rights.
Subsequently, any reproduction, copying, distribution, recording, transfer, representation, or alteration of all or part of the Website and/or Mobile Application by means of any medium whatsoever for non-commercial purposes excluding personal and private uses, are strictly prohibited unless express, prior authorization has been obtained from the Company.
The violation of these provisions is punishable by penalties in accordance with the guidelines of the American Intellectual Property and Penal Codes, in particular regarding copyright and trademark infringement, as well as the American Civil Code regarding civil liability.
In the event that content on the Website and/or Mobile Application infringes upon the intellectual property rights of a third party, the Company, after having been informed of the infringement, shall immediately remove the content in question and/or reveal the true author or owner of the rights.
8. Personal data
8.1 Customer data required for the opening of an account, the management of the Subscription, and the relationship with the Company:
When you create an account on the Website or Mobile Application, the Company may ask that you provide some personal data. When you provide personal data, you agree to enter accurate information that does not affect the rights and/or interests of third parties.
Some personal data sometimes pertains to minors. The Company only collects and processes this data when it is strictly necessary to provide its Services, and only upon obtaining prior consent from the parents by way of a checkbox on the contact form for minors under 15 years of age. You agree to immediately inform the Company of any changes to the information you provided when ordering a Service, and in particular any changes to your email address or methods of payment. You can change this information in your personal account on the Website or Mobile Application.
All requested information is strictly necessary to process the Customer's order and manage their Subscription (if applicable).
If you sign up for a service, the Company processes your personal data and information electronically for the purpose of (i) providing you with a personalized service, (ii) managing your inquiries and subscription, (iii) producing statistical analyses, and (iv) providing you (where appropriate) with personalized marketing content and ads. This processing is necessary to provide you with access to the requested services. If you do not provide your personal data, the Company will be unable to process your Subscription. In light of the purposes above, your data may be transferred to service providers responsible for the management, execution, and processing of payments. This data is processed and stored by the host of the Website and/or Mobile Application (cf. the Legal Notice on the Website or Mobile Application) in accordance with all applicable privacy requirements. In any case, all subcontractors hired by the Company are reviewed to ensure they provide your data with a sufficient level of protection.
When you sign up for a service, your data is stored for the duration of the subscription and for up to 3 years after the end of the subscription.
Once the 3-year period has expired, the Company may contact you to ask if you wish to continue receiving news from us. If you object or fail to provide an explicit response, the relevant data will be archived for the duration of the legal retention period, as well as for a period of ten years for the purposes of billing and accounting management.
As part of an effort to optimize our services, we may provide you with content that is tailored to your profile as per the collected personal data. This personalization is necessary as it allows us to offer the learning program that is best adapted to your needs and pace.
The Company agrees to take all the necessary technical and organizational measures to preserve the confidentiality and security of your personal data.
When you create a personal account on the Website or Mobile Application, you may receive informational, commercial, or promotional content from the Company (in particular, the Company's newsletter, promotional offers, tutorials, etc.) at the email address you provided. If you no longer wish to receive this content, you can notify the Company at any time by clicking on the link provided at the bottom of each email.
If you provide your consent, you may subsequently receive commercial offers from our partners at the email address you provided, and your contact information may be shared with these partners. We do not disclose your personal information to third parties for their marketing and advertising needs without your express prior consent. If you no longer wish to receive these offers, you can opt out at any time by clicking on the link provided at the bottom of each email.
You have a number of rights regarding your personal data, including the right of access, the right to rectification, the right to erasure, the right to restriction of processing, and the right to data portability. You may exercise any of the following rights at any time by contacting us at support@kartable.com :
- Right of access If you wish to exercise your right of access, we will provide you with the following information:
The purposes for the processing of your data;
The categories of personal data we collect and process;
The categories of recipients with whom your personal data has been shared (or may be shared);
The amount of time your personal data is saved; and
Information on your rights regarding your personal data.
- Right to rectification
You can ask us to correct your personal data if it is found to be inaccurate or incomplete.
- Right to erasure You may request that your data be deleted in the following cases:
The data is no longer necessary for the purposes for which it was collected or processed;
You have revoked your consent to the processing of your data (in the event that prior consent is the legal basis for its collection and processing) and there is no other legal basis for the processing;
You have exercised your right to object;
The processing of your personal data is unlawful;
The erasure is required by law;
You were a minor (under the age of 15) at the time your personal data was collected.
- Right to restriction of processing You may request that the processing of your personal data be restricted in one of the following cases:
You are disputing the accuracy of your personal data, in which case the processing will be restricted for the time it takes us to verify your information;
The processing of your data is unlawful, but you wish to proceed with the restriction instead of having your data deleted;
The data is no longer useful to us, but necessary for the establishment, exercise, or defense of your legal rights;
You have exercised your right to object, in which case the processing will be restricted for the time it takes to determine whether our legitimate reasons prevail over yours.
- Right to data portability When using our services, you have a right to portability with regard to any personal data that you provided. If you exercise this right, we will provide you with your data in a structured, commonly used, and machine-readable format. Your right to data portability also allows you to have your personal data transferred directly to another data controller, provided this is technically possible. However, the right to portability does not cover statistical or anonymized data, or inferred and derived data created by us (for example, the assessment of your academic level based on your results on the Website and/or Mobile Application).
- Right to object You may object to any processing that is based on a legitimate interest, except when we have compelling legitimate grounds for such processing. You may also, at any time, object to the processing of your personal data for marketing purposes.
- Right to provide instructions regarding the fate of your personal data after your death You have the right to create instructions relating to the conservation, deletion, and communication of your data after your death, and can modify or revoke these instructions at any time. You may designate a person to carry out your instructions, one who will be able to understand them and ask for them to be carried out upon your death. In the absence of a designated person, or unless otherwise specified, in the event of the death of the designated person, your heirs will have the right to review your instructions and request that we implement them. In the absence of instructions (or unless stipulated otherwise in your instructions), your heirs may exercise your rights in accordance with the law. When solicited by your heirs, we must prove (at no charge to your heirs) that we have performed the requested actions. Disputes between heirs regarding the exercise of these rights are heard by the local court of competent jurisdiction.
9. Absence of tacit waiver
The failure of either party to exercise, at any time, any of its rights under the present GTC, or to require the other party to comply with any provision of the present GTC, shall not be construed as an express or tacit waiver by that party of its right to exercise such a right in the future, or of its right to require the strict compliance of the other party.
10. Force majeure
In the event of an act of God or force majeure, the obligations of the Company specified in the present GTC will be suspended.
The Company shall notify the Customer within 7 (seven) days following the occurrence of such an event.
If the act of God or force majeure continues for more than 30 (thirty) days, the Customer will be entitled to cancel the subscribed service, and the Company will have 30 (thirty) days to refund the service from the date of the cancellation request.
The refund will be credited directly to the credit card used by the Customer to pay for the service.
11. Nullity of a clause
Each of the provisions in the present GTC is independent. In the event that any single provision of the present GTC is deemed invalid, this shall not affect the validity of the other provisions, which will continue to remain in force between the parties.
12. Transfer
The Customer may not assign or transfer the Contract to a third party, whether in return for payment or free of charge, in any form whatsoever, or in whole or in part, without the prior written consent of the Company.
The Company reserves the right to transfer the Contract and any of its rights or obligations, in whole or in part, to a third party.
13. Modifications to the present GTC
The Company reserves the right to modify the present GTC.
Modifications to the present GTC apply to new orders as soon as they appear on the Website and/or Mobile Application.
They do not affect current Subscriptions, which continue to be subject to the GTC applicable at the time of the respective Subscription.
The Company shall inform the Customer by email no more than one month before the end of the Subscription of any modification, amendment, or deletion of any of the clauses of the present GTC.
At this time, the Customer may cancel the Subscription before its term in accordance with the conditions outlined in Article 2.3 of the present GTC, or maintain the Subscription with the new GTC.
By renewing their Subscription, Customers acknowledge and accept the new GTC (including all modifications).
14. Applicable law and jurisdiction
The present GTC are governed by American law. Any dispute arising from the establishment, interpretation, or implementation of the present GTC shall be subject to the exclusive jurisdiction of the courts of Delaware (USA). However, if you are a consumer, you may have your dispute heard in another city, in accordance with the applicable legislation related to consumer rights.
