The purpose of these General Terms and Conditions of Sale (hereinafter referred to as "the GTC") is to define the rights and obligations of the parties resulting from the online sale of services (hereinafter referred to as "Services") offered for sale by L'ECOLE SUR INTERNET SAS company (hereinafter referred to as the "Company") to the customer (hereinafter referred to as the "Customer"), on the Internet site kartable.fr and its variations, including mobile applications (hereinafter referred to as "the Site").
The Services shall designate all the products and services offered for sale by the Company on the Site.
These GTC become effective on the date of their publication on the Site. The confirmation of an order establishes acceptance by the Customer without restriction or reservation, of these General Terms and Conditions of Sale, to the exclusion of any other document such as a prospectus or catalog issued by the Company. No specific condition can override these GTC except by formal written acceptance by the Company.
You must be at least 18 years old to order. You can subscribe on behalf of a user under the age of 18 at the time of the order. In this case, you need to specify the identity of the account user when creating this account on the Site.
Within the terms of these GTC, it is understood that the Customer designates an adult physical person who can specify that the account user is a minor individual.
Minors are allowed to create a personal account on the Site, on the condition, for minors under the age of 15, that they declare they have obtained the prior authorization of at least one legal guardian. It should be noted that the person who has parental authority of the minor registrant will be responsible for compliance by the minor with the General User Conditions as well as of these GTC.
2. The subscription service
2.1. Subscription details
The Company offers a subscription for sale: The “Premium Kartable Subscription".
The Premium Kartable Subscription allows you to:
i. Have unlimited access to the full contents, without having to unlock them by paying cash.
ii. Download PDF content published by the Company and available on the Site. By subscribing to this subscription, the Customer cannot only download content in PDF format, but can also access the full content of the mobile applications in "offline" mode and any additional features.
iii. The Customer has access, in "offline" mode, only to the contents of the mobile applications (courses, exercises, statements, answers, methods, etc.) that he has previously downloaded temporarily on his device (phone and/or compatible digital tablet), up to the limit of a maximum of three devices).
The Company reserves the right to make any changes and improvements to the Subscriptions that it chooses, particularly related to technical evolution. The Company is committed, for the duration of the subscription, to not increasing the prices, or altering the quality, or making substantial changes to the features.
In addition, the Company reserves the right, without notice or liability, to temporarily suspend access to the subscriptions if needed to ensure the maintenance operations linked to the technological development, or necessary to the continuity of these services. The Customer releases the Company of any responsibility in this regard and waives any claim and/or procedure against it as a result. Temporary interruptions of the service will, as far as possible, be notified via the Site at least 24 (twenty-four) hours before they occur, except when such interruptions are of an urgent nature. To benefit from these updates on his or her mobile device (phone and/or compatible digital tablet), the Customer will need to connect his or her application to the Internet and download those updates.
The Company also reserves the right, without liability, to put a definitive end to Subscriptions. Any final end of subscriptions will be announced via the Site no later than one (1) month before it occurs. The Customer will no longer be liable to any payment from the effective date of the final end of subscriptions and will be reimbursed for the money paid for his or her subscription on a pro rata basis as of the effective date of termination.
2.2. Subscription duration
The Company offers "Solo" or "Family" Premium Kartable Subscriptions based on the following three formulas:
The "monthly” formula: the subscription takes effect when the order for the subscription is confirmed by the Company and lasts a month. For example, if a subscription takes effect on November 20, 2016, it is effective until December 19, 2016 at 11:59 PM;
The "School year” formula: the subscription takes effect at the time the subscription is confirmed by the Company until July 31st of the following year;
The "two school years” formula: the subscription takes effect when the order for the subscription is confirmed by the Company until July 31st of the year following the current school year.
The "Solo" offer gives the Customer the right to register a single user per subscription.
The "Family" offer gives the Customer the right to register up to three users per subscription.
The subscriptions offered by the Company are for a fixed term, renewable by tacit agreement. The duration of each subscription is specified in each offer on the Site (https://www.kartable.com/premium).
Trial or discovery offers may also be proposed on the Site on a permanent or temporary basis and for various lengths of time. Unless otherwise indicated, these trial or discovery offers will be subject to these GTC and will be limited to a single registration (same IP address (Internet Protocol) and/or same e-mail address) regardless of the trial or discover offer.
Each Subscription is in force until the termination agreed upon at the time the Customer subscribed.
The Customer can terminate his or her Subscription at any time under the following conditions: the Customer must give notice from his or her personal account on the Site by clicking on the "Cancel the subscription” button at least 48 (forty-eight) hours before the end of the subscription or before the end date and time indicated for the trial or discover offer on the Customer’s account. The termination will be effective at the end of the current subscription period. Once the subscription is canceled, access in an unlimited way to the contents of the "Offline" mobile applications and features offered by the Subscription will end on the effective date of the termination.
Unless canceled by the Customer under the conditions described above, the subscription will be tacitly renewed for a period identical to that of the initial subscription. In the event of a tacit renewal, the rate in force on the Site during renewal of the subscription concerned will be fully applicable to the Customer.
Unless otherwise specified on the Site and unless terminated by the Customer in the conditions described below, any trial or discovery offer of one of the subscriptions will be changed to a subscription at the rate indicated in the trial offer.
In compliance with the provisions of Article L215-4 of the French Consumer Code relating to service contracts entered into for a fixed period with a tacit renewal clause, the provisions of Articles L.215-1 to L. 215-3 and L.241-3 of the French Consumer Code are reproduced in full below:
« L. 215-1 of the French Consumer Code. For service contracts entered into for a fixed period with a tacit renewal clause, the professional service provider informs the user in writing, by registered letter or by dedicated email no earlier than three months and no later than one month before the end of the period authorizing the rejection of the renewal, of the option of not renewing the contract he or she has concluded with a tacit renewal clause. This information, issued in clear and understandable terms, states, within a noticeable box, the deadline for non-renewal.
When this information has not been addressed in compliance with the provisions of the first subparagraph, the consumer may terminate the contract free of charge at any time from the date of renewal.
Advances processed after the last renewal date or, in the case of open-end contracts, after the conversion date of the initial fixed-term contract, are in this case reimbursed within 30 days from the date of termination, minus the sums corresponding to the performance of the contract up to that date.
The provisions of this article are without prejudice to those which legally submit certain contracts to specific rules regarding consumer information.
L. 215-2 of the French Consumer Code. The provisions of this chapter are not applicable to operators of services for drinking water supply and sanitation.
L. 215-3 of French Consumer Code. The provisions of this chapter are equally applicable to contracts concluded between professionals and non-professionals.
L. 241-3 of the French Consumer Code. When the business has not proceeded to reimbursement under the conditions set forth in article L. 215-1, the sums due accrue interest at the legal rate. »
3. Ordering Services
To order any Service on the Site, including purchasing one of the subscriptions, the Customer must complete the following steps:
Follow the instructions on the Site and in particular, the instructions for opening a Customer account;
Fill in the order form and declare agreement to the GTC by checking the corresponding box;
Review the order;
Follow the instructions from the secure online payment server to proceed with the payment.
The Customer will then immediately receive, by electronic means, (i) a payment confirmation, as well as (ii) an order confirmation, and (iii) a link to these GTC.
In accordance with article L. 121-11 of the French Consumer Code, the Company reserves the right to refuse the order if it is abnormal, passed in bad faith or for any other legitimate reason and, in particular, where there is a dispute with the Customer concerning the payment of a previous order.
4. Price - Payment terms
The subscription prices are those in force on the Site on day of the order confirmation. The price of subscriptions can evolve but the changed rates will not apply to the current subscriptions until any renewal of these subscriptions.
At the time of an order confirmation, the price payable refers to the price inclusive of all taxes (TTC) and not to before taxes. (HT).
The price to pay includes the delivery costs, if any, in accordance with the order. However, the cost of telecommunications inherent in accessing the Site remain the exclusive responsibility of the Customer.
The Customer can pay using the following methods on the Site: Bank Cards (Carte Bleue, Visa, Eurocard / Mastercard) , PayPal and SEPA.
It is here specified that when the Customer communicates his or her bank information to the Company, it is not saved by the Company. The Customer’s bank details may be retained by a secure online payment services provider, independent of the Company, under the conditions specified by the payment service provider.
Payment for Services is in full settlement at the time of order, whether it is a one-time purchase or a subscription. The transaction is immediately charged to the Customer’s credit card after verification of the data and receipt of the debit authorization from the issuer of the credit card used by the Customer.
In accordance with article L. 133-8 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing the information relating to his credit card, the Customer authorizes the Company to charge his or her credit card the amount corresponding to the price of the Service on the day of the order.
The Company implements all the means to ensure confidentiality and security of the data transmitted on the Site by the Customer.
5. Right of withdrawal
Regarding subscriptions and in compliance with the provisions of article L. 221-28 of the French Consumer Code, the Customer is informed that the right of withdrawal which he enjoys cannot be exercised [for service contracts fully executed before the end of the withdrawal period] for digital content not supplied on a physical medium and whose execution has begun after the express prior consent of the Customer and his or her express waiver of his or her right of withdrawal. The Customer recognizes and expressly accepts i) that the provision of subscriptions begins upon order confirmation and therefore before the end of the 14 (fourteen) day withdrawal period set forth in the French Consumer Code and (ii) that he or she expressly waives his or her right of withdrawal. Accordingly, no request for withdrawal, cancellation or refund will be admissible for the subscription period.
6. Warranty - Liability
The Company is subject to the conditions of legal guarantees set forth in Articles L. 217-4, L. 217-5, L. 217-12, and L. 211-1 of the French Consumer Code.
The Services delivered by the Company and the subject of the order must be used according to the directions that appear on the Site. For subscriptions, on the page https://www.kartable.com/premium.
The Customer acknowledges being informed about the constraints and limitations of Internet and mobile Internet networks. Accordingly, the Company may not, under any circumstances be held liable for malfunctions in accessing Services, speed of opening and consulting pages, temporary or permanent inaccessibility to the Services from fraudulent use by third parties of the information made available on the Site.
Accordingly also, it is the responsibility of the Customer to protect his or her computer or other equipment against any form of intrusion and/or contamination by viruses. The Company cannot in any way be held responsible for this fact. The Company cannot be held responsible for any malfunction or any deterioration in the Customer’s hardware.
In no case shall the Company be held responsible if the Services offered prove incompatible with certain equipment and/or features of the Customer’s computer hardware.
Finally, the Customer is solely responsible for the use he or she makes of the Services and the Company cannot be held responsible for any claim and/or procedure against it as a result. The Customer shall be personally responsible for any claim, demand, or opposition, and more generally, any proceedings against the Company emanating from a third party that is related to the Customer’s use of the Services.
7. Intellectual property
The Site as a whole and each of the elements therein (such as texts, courses, exercises, statements, answers, methods, tips, directories, software, animations, pictures, drawings and models, trademarks, photographs, illustrations, drawings, logos, sounds, music, and all the downloadable items, etc.) is, unless specifically stated otherwise, the exclusive property of the Company which is the only authority empowered to use the intellectual property rights relating thereto.
Accordingly, the reproduction, representation and alteration of all or part of the Site on any medium, for other than personal and private use in a non-commercial purpose are strictly prohibited without express prior authorization by the Company.
The violation of these provisions is liable to sanctions in accordance with the provisions of the French Codes of Intellectual Property and Criminal Law, particularly with regard to infringement of copyright and trademark law, as well as of the French Civil Code concerning civil liability.
If, however, the content of the Site infringes the intellectual property rights of third parties, the Company undertakes to immediately withdraw its publication, after having been informed of the infringement, the subject of the dispute, and/or will make known the real author or owner of the rights.
8. Data privacy
During the opening of a personal account on the Site, the Company may collect your personal data. When you provide personal data, you agree to communicate accurate information not detrimental to the interests and/or the rights of third parties.
The personal data collected may relate to minors. These data are strictly necessary to supply the Services and will not be processed by the Company except with the prior consent of the parents collected by means of a checkbox on the data collection form for minors under the age of 15. You agree to inform the Company without delay of any change in the information provided at the time of ordering Services and in particular of any change of address, e-mail or means of payment. You can modify this information from your personal account on the Site.
The information requested from the Customer is strictly necessary for order processing and the management of the subscription, where appropriate.
Concerning Subscriptions, the information and data collected about the Customer are subject to computer processing operated by the Company which aims to (i) provide you with a personalized service, (ii) manage your requests and subscription, (iii) enable statistical analysis, (iv) offer you, where appropriate, advertising and personalized marketing content. The provision of such information and data is necessary for providing you with the services to which you want to have access. Without the completion of your personal data, your subscription request cannot be processed.
As part of the uses described above, your data may be transmitted to service providers responsible in particular for the management, execution and processing of payment transactions. This data is processed and stored at the web host identified in the legal notices on the Site under conditions designed to ensure its security. The Company also uses a service provider to manage its emailing service which may be located outside the European Union. In this context, your personal identification data may be transferred to the United States, in accordance with the Standard Contractual Clauses of the European Commission. You can obtain a copy of these formalities by contacting our Customer support at email@example.com. That being said, all of the Company's subcontractors offer sufficient guarantees to ensure the protection of your data.
When you register for a subscription, your data are stored for the duration subscribed, and up to 3 years after the end of this period.
At the end of this 3 year period, we may resume contact with you to ask you whether you want to continue to receive information from us. In case of refusal or in the absence of positive and explicit action on your part, the relevant data will be archived for the duration of the legal prescription as well as for a period of ten years for the management of billing and accounting needs.
As part of your use of the services, we provide you with content tailored to your profile based on results obtained. This customization is necessary for the provision of our services because it allows us to offer you the school program adapted to your needs and for progressing at your own pace.
The Company is committed to taking all technical and organizational security measures needed to preserve the confidentiality and security of your personal data.
The data are processed by the Company in accordance with the provisions of the Act No. 78-17 of January 6, 1978 known as the Data Protection Act.
If you create a personal account on the Site, you may be the recipient of informative, commercial or promotional content from the Company (including the Company newsletter, promotional offers, tutorials , etc.) at the e-mail address provided. If you no longer want to receive this content, you can report this to the Company at any time by clicking on the link provided for this purpose at the bottom of each email.
If you consent, you will be likely to receive commercial offers on the part of our partners at the email address entered and your details may be transferred to these business partners. We will not disclose your personal information to third parties for their marketing and advertising purposes without your express and prior consent. If you no longer want to receive this content, you can report this at any time by clicking on the link provided for this purpose at the bottom of each email.
accordance with the Data Protection Act No. 78-17 of January 6, 1978 as amended and its implementing decrees, you have a right of access, rectification, cancellation, opposition, limitation of processing and the portability of the data that concerns you. You can exercise your rights according to the methods described below at any time by contacting our customer support at firstname.lastname@example.org :
- Right of access If you wish to exercise your right of access, we will provide you with the following information:
The purposes of your data processing;
The categories of personal data collected and processed;
The categories of personal data collected and processed;
The retention period of personal data; and
The information about the rights you have with respect to your personal data.
- Right of rectification
You can ask us to correct your personal data if these prove to be inaccurate or incomplete.
- Right to erase data You can request that your data to be deleted in the following cases:
If these data are no longer needed for the purposes for which they were collected or are processed;
If you have withdrawn your consent to the processing of your data where prior consent is the legal basis for their collection and processing and there is no other legal basis justifying them;
If you have exercised your right of opposition;
If the processing of your personal data is illegal;
If a lawful obligation provides for it;
If you were a minor under 16 years old at the time your personal data was collected.
- Right to limitation of processing You can request the limitation of processing of your personal data in one of the following cases:
For the time necessary to enable us to perform checks in the event that you dispute the accuracy of your personal data;
If the processing of your data is illegal but you want to request the limitation of the use of the data rather than their deletion;
If the data are no longer useful to us but are necessary for you to the finding, exercise or defense of your rights in court;
If you have exercised your right of opposition to the processing for the duration of audits to analyze if our legitimate motives prevail over yours.
- Right to data portability As part of the use of our services, you have a right to the portability of personal data that you have provided to us. If you exercise this right, we will give you the data about you in a structured, commonly-used and machine-readable format. In the context of this right to the portability of personal data you can have your data transmitted directly to another data controller, provided that this is technically possible. However, this right to portability does not cover statistical or anonymous data, or derived data created by us from the data you have provided. For example, the assessment of your school level based on your results on the Site cannot be considered as data provided by you.
- Right of opposition You may object to any processing of your personal data when your data is processed on the basis of legitimate interest, unless there are legitimate and compelling reasons that require us to process such data. You can also object at any time to the processing of your personal data for the purposes of prospecting.
- Right to define the directives relating to the fate of the data after your death You have the right to provide instructions for the retention, erasure and disclosure of your data after your death and may at any time amend or revoke these instructions. You can appoint a person in charge of the execution of your directives who will be qualified, at your death, to take note of them and ask for their implementation. In the absence of a designation or, except directive to the contrary, in the event of a death of the designated person, your heirs are entitled to be informed of your directives and request us to implement them. In the absence of directives or other stipulations, your heirs may exercise your rights under the conditions provided by law. When your heirs request it, we will have to justify, without fees, having proceeded to the operations that they have required. Disagreements between the heirs on the exercise of these rights are brought before the regional court of competent jurisdiction. In the event of a dispute relating to the use of your data, you can refer to the French National Commission for Data Protection.
9. Absence of tacit renunciation
The fact that one of the parties does not at any time exercise a prerogative that is accorded them by these GTC, or does not to require the execution by the other party of any stipulation of said conditions, may not under any circumstances be interpreted as an express or implied waiver by this party of its right to exercise such prerogative in the future, or of its right to demand the scrupulous execution of the commitments entered into by the other party.
10. Force majeure
Execution by the Company of its obligations under these GTC will be suspended in the event of the occurrence of a fortuitous or force majeure event that would hinder or delay its execution.
The Company will notify the Customer of the occurrence of such a fortuitous or force majeure event within 7 (seven) days from the date the event occurred.
When the execution of Company obligations is suspended for a period of more than 30 (thirty) days, the Customer has the right to terminate the current order and the Company will then proceed to the reimbursement of an order within a period of 30 (thirty) days from the date on which the order was terminated.
The Company will reimburse the sum paid directly on the credit card used by the Customer for the payment.
11. Invalidity of a clause
Each of the provisions of these GTC is independent. If any provisions of these GTC was canceled, this nullity would not result in the nullity of other provisions which will remain in force between the parties.
12. Modification to the GTC
The Company reserves the right to modify these GTC.
Modifications of the GTC will be applicable to any new order on the Site.
Any modifications have no impact on the current subscriptions which remain subject to the GTC applicable at the time of subscription.
At least one month before the end of the subscription the Company shall notify Customers by email, of any addition, modification or deletion of any clauses in these GTC.
At that time, the Customer will have the right to cancel the subscription before its term under the conditions set forth in Article 2.2 of these GTC or to continue under the new GTC.
The renewal of the subscription constitutes acceptance by the Customer of the new GTC and its modifications.
13. Applicable law and assignment of jurisdiction
These GTC is subject to French law. Any dispute resulting from the formation, interpretation or execution of these GTC will be of the exclusive jurisdiction of the courts of Paris (France), without prejudice to your right, if you are a user, to engage in a procedure before the competent courts of another city, in accordance with the laws defining the rights of consumers.
You also have the right to request the consumer mediator for free, the details of which are given below.