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General Conditions – Coaches

of the website https://schoolmaker.co

Last updated:

ARTICLE 1. PARTIES

These general conditions are applicable between Influence Systems Consulting Limited, head office: Unit B 3/F Kai Wan Hse, 146 Tung Choi St, Mongkok, Hong Kong, email : [email protected], hereinafter "ISCL" and any professional, natural person or legal person, private or public law, registered on the Website as a Coach, hereinafter "the Coach".

ARTICLE 2. DEFINITIONS

"Subscription": right of temporary access to the Services.
"Website content": Any kind of information published on the Website, that may or may not be protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or softwares.
"SchoolMaker.co": ISCL taken in its capacity as publisher of the Website.
"License": stipulation governing the provision of the Software to the Coach.
"Software": software published by ISCL, proposing a series of Services.
"Service": service offered by SchoolMaker.co on the Website, the details of which are specified on the Website and in article 4 of these general conditions.
"Distinctive Signs": distinctive signs of the Coach, such as brand, name, trade name, brand or domain name.
"Website": website accessible at the URL https://schoolmaker.co, as well as sub-sites, mirror sites, portals and URL variations related thereto.
"Internet User": any person connecting to the Website.
"User": any person, natural or legal, private or public law, client of the Coach.

ARTICLE 3. FIELD OF APPLICATION

Upon registration on the Website, acceptance of these terms and conditions will be manifested by ticking the corresponding box. By doing so, the Coach acknowledges having read, understood, and fully accepted them.
Ticking the above box will be deemed to have the same value as a handwritten signature on behalf of the Coach The Coach recognizes the evidential value of SchoolMaker.co's automatic registration system and, unless the Coach be able to provide evidence to the contrary, they renounce contesting it in the case of a dispute.
These terms and conditions apply to the relations between the parties, excluding all other conditions, especially those of the Coach.
The acceptance of these terms and conditions entails that the Coaches have the legal capacity to do so, or if this is not the case, they have the permission from a guardian or trustee if they are not capable, their legal representative if they are minors, or they are holders of a procuration if they are acting on behalf of a corporation.

ARTICLE 4. SERVICE DESCRIPTION

4.1. Purpose

The purpose of this contract is to clarify the conditions for access to the Software by the Coaches and to define the obligations and responsibilities of the Coaches and ISCL in the context of the use of the Software.

4.2. Hosting and security

ISCL undertakes to provide for the benefit of the Coach a hosting service of the Software. Hosting comprises:
- server monitoring;
- monitoring the proper functioning of the infrastructure needed for hosting.

4.3. Access to the Software

ISCL undertakes that the Coach can connect Software at any time, excluding maintenance periods.

4.4. Services

ISCL offers Coaches the following Services, accessible from the Software, the terms of each Service are specified on the Site:
- Making appointments with Users;
- Management of their database prospects and customers;
- Communication with Users via Email, SMS or phone call, recorded on the Software;
- Payment management;
- Allocation of an online space dedicated to Users;
- Manage the progress of each User
- Automatic sending by Email, SMS or phone call of instructions or reminders to Users;
- Sending evaluation questionnaires to Users;
- Creation of online programs;
- Creating an online community;
- Management of online and social content;
- Management of an online store;
- Management of user testimonial videos, setting up of online videoconferences;
- Resource sharing.
This list of Services may be reduced, modified or supplemented by ISCL unilaterally and without notice.

4.5. Sponsorship

Each Coach has the opportunity to sponsor another Coach to subscribe to a Subscription. The Coach whose godson has validated the subscription of a Subscription will be allocated a commission of business.

ARTICLE 5. OBLIGATIONS OF THE COACH

5.1. Coach Statements

The Coach ensures that, prior to the signing of this contract, they are aware of the technical characteristics of the Website and the services offered by SchoolMaker.co.
Accordingly, the Coach acknowledges that their needs and the services offered by SchoolMaker.co are in line, that they are aware of the content and conditions of implementation of these services and that it subscribes to the Services knowingly and having all the necessary information to provide free and informed consent.

5.2. Authorizations

The Coach is solely responsible for authorizations and declarations relating to the use of the Services. The Coach declares that they have the necessary rights and permissions for this purpose. Where applicable, the Coach declares to have completed any previously required processes, such as authorization requests and administrative declarations.
The absence of such declarations and authorizations shall in no way affect the validity of this contract. The Coach will in particular be required to pay to SchoolMaker.co the Services ordered.
The Coach guarantees SchoolMaker.co against any action that would be initiated against them in the absence of such declarations and authorizations. They undertake to reimburse SchoolMaker.co in full for all the costs incurred due to the lack of declarations and / or authorizations.

5.3. Subscribing to a Subscription

5.3.1. Choice of a Subscription

In order to benefit from the Services, the Coach must subscribe to a Subscription to ISCL, either by contacting ISCL directly using the contact details indicated in article 1 hereof, or by using the form provided for this purpose on the Website.

5.3.2. Validation of the choice

As part of subscribing for a Subscription, the Coach must provide their billing information.
The Coach will then be able to check the chosen subscription, as well as its possible price and duration. If their order suits them, they can validate it by clicking on the button provided for this purpose on the Website.

5.3.3. Payment by the Coach

Once the order has been validated, the Coaches will be invited to make their payment by being redirected for this purpose on the secure payment interface with the mention "order with obligation of payment" or any similar formula.

5.3.4. Confirmation of the order by SchoolMaker.co

Once payment is actually received by SchoolMaker.co, the latter undertakes to acknowledge receipt to the Coach electronically, within a maximum of 24 hours. Within the same period, SchoolMaker.co agrees to send the Coach a summary email of the order and confirming its processing, containing all the information relating thereto.

5.3.5. Subscription term

The Subscription takes effect from the receipt by SchoolMaker.co of the corresponding Coach payment.
The duration of the Subscription is the one mentioned on the Website at the time of the order.
Subscription is for a fixed term. It will be renewed automatically by tacit renewal on each anniversary date of the Subscription.
The Coach may terminate the Subscription from their personal online space by clicking on an "Unsubscribe" button. The termination is immediate. It does not give rise to reimbursement of paid sums.

5.3.6. Early Termination of Subscription by SchoolMaker.co

In the event of a Coach's failure to comply with any of the stipulations in articles 5, 6, 8 and 11 of these general conditions, SchoolMaker.co may terminate the subscription as of right and without the intervention of the judge. The termination of the Coach's Subscription is without prejudice to any damages that SchoolMaker.co may claim as a result of the Coach's breach.

5.4. Charter of use of the Software

The Coach agrees to use the Software in accordance with the purpose of this contract and to comply with ISCL's instructions regarding the installation, use and maintenance of the Software. In particular, the Coach undertakes not to carry out actions likely to:
- undermine, or have comments that are inconsistent with public order, morality, or that could offend minors;
- undermine in any way whatsoever the rights to reputation and privacy, or the rights or image of a third party;
- denigrate, defame or jeopardize the image or reputation of a brand or any person or entity in any manner whatsoever;
- have pornographic or pedophilic content;
- undermine the security or integrity of a country or territory;
- allow third parties to obtain pirated software, software serial numbers or any software that may harm or affect, in any manner whatsoever, the rights or property of third parties;
- undermine the intellectual property rights of any person whatsoever;
- incite hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia, promote war crimes or crimes against humanity;
- incite others to commit an offense, crime or an act of terrorism;
- incite discrimination against an individual or group of individuals because of their ethnicity, religion, race, sexual orientation or disability.
- advise a dubious, fraudulent or immoral practice.
Any treatment, transmission, publication, dissemination or representation of data by the Coach is carried out under its sole and entire responsibility. The Coach undertakes not to impede or disrupt the Website and the servers of SchoolMaker.co and to comply with the conditions, procedures and general rules communicated to them by SchoolMaker.co for the use of the Software.
Any illegal or generally unauthorized use of the Website will result in the immediate removal of the Coach's account, without prejudice to any damages that SchoolMaker.co may claim. The Coach guarantees SchoolMaker.co accordingly against any damage that may be caused to them by their use of the Website, including any legal and procedural costs, and undertakes to intervene in any legal proceedings committed against them because of their use of the Website.

5.5. Distinctive Signs

5.5.1. Distinctive Signs License Agreement

The Coach grants ISCL, for the duration of the present and for the whole world, a non-exclusive license to use the Distinctive Signs for the purpose of publishing the Software.

5.5.2. Warranties on Distinctive Signs

The Coach guarantees to ISCL that they are the sole owner of all the intellectual property rights relating to the Distinctive Signs. The Coach guarantees ISCL against any action, claim, statement or opposition on the part of any person invoking a right of ownership. The Coach will therefore be responsible, in case of litigation, for the full costs of the dispute, including any legal costs.

5.6. Health data

The Coach undertakes not to collect any health data within the meaning of the European regulation on the protection of personal data from Users, namely, no data relating to the physical or mental health, past, present or future, of a natural person (including the provision of health care services) that reveal information about the health status of that person.

ARTICLE 6. PRICE - PAYMENT

6.1. Price

The applicable prices are those posted on the Website on the day of the Subscription. These prices may be modified at any time by SchoolMaker.co. The prices displayed are only valid on the date of the order and do not count for the future.
The prices listed on the Website are in Euros or US Dollars, excluding taxes.

6.2. Payment Terms

The Coach may make their payment by credit card. Credit card payments are made via secure transactions provided by Stripe.
SchoolMaker.co use the FastSpring solution, accessible on the Website www.fastspring.com, published by the Californian company Bright Market, LLC. FastSpring acts for the purposes hereof as a reseller of the Services. Any dispute relating to payments must first be brought before FastSpring.
As part of the credit card payments procedure, SchoolMaker.co does not have access to any data relating to the Coach's payment methods. The payment is made directly in the hands of the payment operator and / or the reseller.

6.3. Invoicing

SchoolMaker.co will send or make an electronic invoice to the Coach after each payment. The Coach expressly agrees to receive invoices electronically.

6.4. Default Payment

The agreed payment dates cannot be delayed under any pretext whatsoever, including in the case of dispute.
Any amount not paid when due will result, ipso jure and without notice, in the application of penalties for late payment calculated on the basis of a rate equal to 3 times the legal interest rate, without the penalty interfering with the initial payment due.
In addition, any delay in payment will result in billing the defaulting Coach a collection fee of 40 US dollars, the immediate payment of all sums due whatever the agreed time, plus a charge of 20% of the amount, and the ability to terminate the contract unilaterally with the Client.

ARTICLE 7. CUSTOMER SERVICE

The Customer Service of the Website is available from Monday to Friday from 10 am to 18 pm by email to: [email protected] or by post to the address indicated in article 1 of these terms and conditions. In the latter two cases, SchoolMaker.co commits to provide an answer within 3 days.

ARTICLE 8. PERSONAL ACCOUNT

8.1. Creating the Personal Account

The creation of a personal account is a prerequisite for subscribing to a Subscription on the Website. To this end, the Coach will be asked to provide certain personal information.
Some of this information is deemed essential for the creation of the personal account. The refusal by a Coach to provide such information will have the effect of preventing the creation of the personal account and, incidentally, the validation of the Subscription.
During the creation of the personal account, the Coach is asked to choose a password. This password is the guarantee of confidentiality of information contained in the personal account. The Coach should therefore refrain from sending or disclosing it to a third party. Otherwise, SchoolMaker.co cannot be held responsible for unauthorized access to the personal area of a Coach.
The Coach agrees to regularly check their personal information, and visit their personal account to make any necessary updates and changes.

8.2. Content of the Personal Account

8.2.1. General Information

The personal account allows the Coach to manage their Users and their prospects, to manage their own Website, their content, their products, to consult the state of each of their User, to see the testimonies or to consult the history of an User.
Pages on personal accounts are freely printable by the account holder in question, but do not constitute as admissible evidence in court. They are for informational purposes only and are intended to ensure effective management of orders by the Coach.
SchoolMaker.co is committed to keep secure all contractual elements whose storage is required by the law or the regulations in force.

8.2.2. Forum

SchoolMaker.co offers Coaches the opportunity to participate in a forum related to their activity or to the topics covered on the Website. The topics and messages posted on the forum of the Website will have to be in a correct and understandable language, according to a correct vocabulary and not vulgar. Messages should include polite phrases.
The Coaches will refrain from uttering any insult or threat. The content of messages, replies and contributions must be strictly in accordance with public order and morality and not be aimed at an illegal or unlawful activity. The Coaches agree to respect the rights of third parties. Any response that advises a questionable or fraudulent practice will be removed and the Coaches will be subject to exclusion.
The Coaches are allowed to make referrals to other topics dealing with the same topics, or to "official" websites by creating hypertext links through the message writing interface. Any link to a competitive website or to a non-accepted website may be removed without notice or compensation.

8.2.3. Publishing a public profile

The Coaches are offered the possibility to create a public profile on the Website. In this context, the Coaches may get to know a certain amount of personal information. All public profiles will be subject to prior approval by SchoolMaker.co or its team of moderators before their first upload.
It is expressly understood that the Coach, deciding to subscribe to the services offered by SchoolMaker.co and after completing the schedule for its public profile, recognizes that their data, including their logo may be published on the website and disseminated as such to other Coaches, Users and Internet Users. The mere fact of providing such information and completing the fields of the public profile provide express proof of the will of the Coach to publish such information on the Website.
The Coaches will have the ability to stop the dissemination of their public profile. To do so they will request removal of their Coach account and termination of services, following the procedure provided for this purpose. The suspension of the release of the public profile will be effective within a maximum of 3 working days from receipt of the request by SchoolMaker.co.

8.2.4. Internal Messaging

An internal private messaging service is made available to Coaches. This system is reserved for Coaches and Users and the secrecy of correspondence is applicable to it.
The contents of the inboxes and mailing boxes are not subject to any retention warranties from SchoolMaker.co and it is the responsibility of the Coaches to back up the content. The loss of these contents, whatever the cause, cannot constitute a damage for the Coach who will not be able to claim any compensation of this fact.
Any Coach who will be the victim of abuse (spam, unwanted advertising or other) may inform SchoolMaker.co who will take all necessary measures.

8.2.5. Coach Contributions

Coaches are offered the opportunity to contribute to the content of the Website by posting comments on their use of the Services and their relationship with SchoolMaker.co. Comments should be made in a correct and understandable language. They will be subject to validation by SchoolMaker.co or its team of moderators.
By clicking on the submit button, in order to publish their comment, the Coach grants a non-exclusive copyright license to SchoolMaker.co for the said comment. As such, the Coach authorizes SchoolMaker.co to communicate to the public online, in whole or in part, his comment on the Website, the newsletters of SchoolMaker.co and the websites of the partners of SchoolMaker.co. The Coach authorizes SchoolMaker.co to reproduce their comment for the purpose of communicating it to the public online and perform media communication and promotion of the Website. The Coach authorizes SchoolMaker.co to translate into any language the comment for the purpose of communicating to the public online and copy it on its commercial and promotional materials. The adaptation right also includes the right to make changes technically necessary for the exploitation of the comment in other formats. This license is granted for commercial and advertising use. It is granted for the duration of the rights, for use in Hong Kong and abroad.
The Coach must state that they possess the intellectual property and authorizations required to proceed with the publication of their comments. The Coach shall agree to act on any request by SchoolMaker.co in the event of any proceedings brought against the latter because of the Coach's comments and shall ensure any charges and convictions against it resulting therefrom, including any legal fees.

8.2.6. Directory

The Coaches have the opportunity to be referenced on the Website. The Coaches wishing to register on the directory must first establish a personal space. They undertake to be, if necessary, perfectly in good standing of all the registrations and procedures to which they are subjected in their quality of Coach.
As such, they undertake to be able to justify at any time:
- their registration in the RCS or trade register, if applicable;
- the subscription to a mandatory professional liability insurance, if applicable;
- the subscription to a ten-year liability guarantee insurance, if applicable;
- the regularity of the employment contracts for all their employees and employees, as the case may be;
- the regularity and payment of all taxes and contributions to which they are subject.
SchoolMaker.co reserves the right to moderate or refuse the referencing of a Coach on the Website without this being a damage for said Coach. Either party may decide to terminate this form, the Coach by e-mail addressed to SchoolMaker.co, SchoolMaker.co by closing the account by any means without having to justify any reason or respect for some formalism.

8.2.7. Classified advertising

The publication of an advertisement is open to any Coach holding the required rights on the property object of the advertisement published. The Coaches refrain from publishing several ads for the sale or rental of the same property. Offers must be written in a correct and understandable language. They must comply with the legal provisions in force and must be free of any discriminatory criteria concerning the quality of the prospective contractual party. Offers will be able to upload pictures of the Product being put on sale. The number of photographs is not limited. The downloaded photographs must be in jpg format, maximum size not exceeding 2 megabytes. During the publication of the advertisement, the advertiser will have, through their personal space, the ability to modify the description of the advertisement. These changes will be possible throughout the publication of the ad.
The Coach acknowledges that the publication of their advertisement on this Website carries automatically and without intervention of SchoolMaker.co publication of said advertisement on the partner and affiliate websites.
It is expressly brought to the attention of Internet Users that SchoolMaker.co does not guarantee in any way the accuracy of the data contained in the advertisements. It is up to every Internet User interested in the ad to ensure the accuracy of all data prior to any actual transaction. Similarly, SchoolMaker.co does not guarantee advertisers the actual sale or rental of the goods covered by the advertisement.

8.3. Deleting the Personal Account

SchoolMaker.co reserves the right to delete the account of any Coach who violates these terms and conditions, particularly when the Coach provides inaccurate, incomplete, misleading or fraudulent information and when the personal account of a Coach shall remain inactive for at least one year. The said deletion would not be deemed a fault of SchoolMaker.co or damage to the excluded member who cannot claim any compensation as a result.
This exclusion is without prejudice to the possibility for SchoolMaker.co to initiate judicial proceedings against the Coach, when the facts would justify it.

ARTICLE 9. PERSONAL INFORMATION

9.1. Subcontracting

As part of its service, ISCL will be required to process personal data on behalf of the Coach, and only on its documented instructions that must be written.

9.1.1. Data Collected

As part of its service, ISCL may be required to collect and process the following personal data: the names and surnames of the Coach's employees, their postal addresses, their bank details, their accounting information (pay slips, any premiums), their health data (sick leave, maternity leave).

9.1.2. Purposes of the collection and processing of your Personal Data

The data collected during the performance of the ISCL service are subject to an automated processing aimed at:
- carry out the accounting operations;
- initiate legal proceedings;
- verify the identity of the persons concerned;
- to send information and to contact the persons concerned;
- fulfill the contractual commitments;
- enforce the General Terms of Service.
These purposes are determined by the Coach as part of their request for performance of service.

9.1.3. Legal Bases of Treatment

The data collected during the performance of the service are based on a contractual relationship.

9.1.4. Recipients of the Data

The data collected can only be consulted by ISCL's employees and service providers within the limits strictly necessary for the performance of its services.
These data, whether in individual or aggregated form, are never made freely available to a third party.

9.1.5. Storage Life for Personal Data

The personal data collected during the performance of the ISCL service are kept during the time of the performance of their service, as well as during the period during which the responsibility of ISCL could be engaged.
After these retention periods, ISCL undertakes to return all data to the Coach without retaining a copy, and to permanently delete the data of the persons concerned.

9.2. Security and Confidentiality of Personal Data

Personal data shall be stored in secure conditions, using current technical means, in compliance with the provisions of the the General Data Protection Regulation and the national legislation in force.
Access to ISCL premises is also secure.

9.3. Respect rights

ISCL undertakes to assist the Coach, who is responsible for the processing of personal data, to fulfill their obligations in the context of the exercise of the rights of the persons concerned, in particular from the GDPR.
ISCL undertakes to provide the Coach with all the information necessary to demonstrate compliance with their obligations regarding the protection of personal data.

9.4. Data minimization

ISCL can also collect and process any data voluntarily transmitted by the Coach for the performance of their service.
ISCL directs the Coach to provide personal data strictly necessary for the performance of the service.
ISCL undertakes to keep and process only the data strictly necessary for its professional activities and the performance of its service, and to delete any data received that is not useful to its activities as soon as possible.

9.5. Transfer of Collected Data

9.5.1. Transfer to Partners

ISCL uses authorized service providers to facilitate the processing of data as part of the performance of its service. These providers may be located outside the European Union.
ISCL has previously secured the implementation by its providers of adequate safeguards and compliance with strict conditions of confidentiality, use, and protection of data, for example via PrivacyShield (US).
As part of its service provision activity and as a processor of personal data processing, the Coach agrees that ISCL will use the following data processor:

Partner Quality Country of destination Treatment performed Guarantees
Typeform Sous-traitant Espagne Formulaires en ligne https://admin.typeform.com/to/dwk6gt/
Stripe Sous-traitant USA (Privacy Shield) Prestataire en ligne https://stripe.com/fr/privacy#international-data-transfers
FastSpring Sous-traitant USA (Privacy Shield) Prestataire en ligne https://fastspring.com/privacy/#privacy_shield
GoCardless Sous-traitant UK Prestataire en ligne https://gocardless.cdn.prismic.io/gocardless%2Fe7a86c70-0660-4117-9c4d-9f73b8cf08a7_privacy+notice+v0518.1.pdf
RightSignature Sous-traitant USA (Privacy Shield and GDPR Compliant) Signatures en ligne https://www.citrix.com/about/legal/privacy/
HelloSign Sous-traitant USA (Privacy Shield) Signatures en ligne https://www.hellosign.com/privacy
Google GSuite Sous-traitant USA (Privacy Shield) Suite d’outils et de logiciels https://policies.google.com/privacy?hl=en#infodelete
Slack Sous-traitant USA (Privacy Shield) Plateforme de travail collaboratif https://slack.com/intl/fr-fr/privacy-policy#international
Whatsapp Sous-traitant USA (Privacy Shield) Plateforme de messages et vidéos en ligne https://www.whatsapp.com/legal/#privacy-policy-assignment-change-of-control-and-transfer
Messenger Sous-traitant USA (GDPR compliant) Plateforme de messages et vidéos en ligne https://www.facebook.com/policy.php
Telegram Sous-traitant UK Dubaï (Clauses contractuelles types de la Commision européenne) Plateforme de messages et vidéos en ligne https://telegram.org/privacy#12-questions-and-concerns
Google Form Sous-traitant USA (Privacy Shield) Création de formulaires en ligne https://policies.google.com/privacy/frameworks?hl=fr

ISCL will not enter into any agreement with a new subcontractor without the express agreement of the Coach.

9.5.2. Transfer on Requisition or Judicial Decision

The Coach also agrees that ISCL transfers the data collected to any person, on the requisition of a state authority or by court order.

9.5.3. Transfer as Part of a Merger or Acquisition

If ISCL is involved in a merger, asset sale, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, the Coach agrees that the data collected are transmitted by ISCL to this company, provided that it provides sufficient guarantees regarding the protection of personal data and that it complies with this clause, and in particular the purposes of the collection and processing of data.

ARTICLE 10. RESPONSIBILITY OF SCHOOLMAKER.CO

10.1. Nature of the obligations of SchoolMaker.co

The service provided by ISCL is limited to the supply of the Software. In this regard, ISCL undertakes to provide the care and diligence necessary to provide a quality Software that conforms to the specifications of these Terms and Conditions. ISCL only responds to an obligation of means regarding the purpose of these services.
ISCL does not guarantee in any way the obtaining of results due to the use of the said Software by the Coach, nor the quality of these results. The Coach is solely responsible for the use of the Software, the results obtained from it, and the provision of its services to Users.

10.2. Force Majeure - Coach's Fault

SchoolMaker.co does not assume liability in cases of force majeure or error of the Coach, as defined in this Article:

10.2.1. Force Majeure

Within the meaning of these terms force majeure enforceable against the Coach any hindrance will be considered a limitation or disturbance of the service due to fire, epidemic, explosion, earthquake, band fluctuations, default attributable to the provider, failure of transmission networks, collapse of facilities, illegal or fraudulent use of passwords, codes or references provided to the Coach, hacking, a safety fault safety due to the hosting of the Website or developers, flood, power failure, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of SchoolMaker.co. In such circumstances, SchoolMaker.co shall be relieved of performing their obligations within the limits of this impediment, limitation or inconvenience.

10.2.2. Coach's fault

For the purposes of these terms and conditions, any misuse of the Service, fault, negligence, omission, or failure on their part or that of their employees, failure to comply with advice given by SchoolMaker.co on its website, any unauthorized disclosure or use of password, codes, and references of the Coach, and the provision of misinformation or lack of updates of such information in their personal account will be considered a fault of the Coach, opposable against them. The implementation of any technical process, such as robots or automated queries whose implementation would violate these terms and conditions will also be considered a fault of the Coach.

10.3. Technical Problems - Hypertext Links

If the Website cannot be accessed due to technical problems of any kind, the Coach cannot claim injury and may not claim any compensation. The unavailability, even extended without any limitation period, of one or more services on-line, cannot constitute a prejudice to the Coaches and may not give rise to the payment of damages by SchoolMaker.co.
The hypertext links on the site may link to other websites. SchoolMaker.co cannot be held liable if the content of these websites contravenes legislation. Similarly, SchoolMaker.co cannot be held liable if the Coach's visit to one of these websites causes them prejudice.

10.4. Damages charged to SchoolMaker.co

In the absence of contrary legal or regulatory provisions, the responsibility for SchoolMaker.co is limited to direct, personal and definite injury suffered by the Coach and associated with the fault in question. SchoolMaker.co shall in no case be held liable for indirect damages such as, loss of data, commercial loss, loss of orders, damage to brand image, business problems and loss of profits or customers. Similarly, and within the same limits, the amount of damages to be borne by SchoolMaker.co. will in any event not exceed the price of the subscription.

10.5. Hypertext Links and Contents of the Website

The Content published on the Website is for information only, without any guarantee of accuracy. SchoolMaker.co cannot be held responsible for the omission, inaccuracy, or any error contained in this information and which would make it responsible for direct or indirect damage caused to the Coach.

10.6. Liability as host

The Coach is responsible for data, including comments, posted by them on the Website.
In this context, SchoolMaker.co benefits of the data host status within the meaning of Article 6-I-2 of the Act on Confidence in the Digital Economy of 21 June 2004. Complying with paragraph 3 of the same article, SchoolMaker.co will not be held civilly or criminally liable for these comments, unless, as soon as it became aware of the activity or illicit information it did not act promptly to remove this information or make access impossible.

ARTICLE 11. INTELLECTUAL PROPERTY

11.1. Legal Protection of the Content of the Website

The Content on the Website may be by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, made illegally and without the consent of SchoolMaker.co or its successors or assignees is a violation of Books I and III of the Code of intellectual property and will likely give rise to prosecution for infringement.

11.2. Contractual Protection of Content of the Website

The Coach contractually agrees towards SchoolMaker.co not to use, reproduce or represent in any way the content of the Website, whether or not protected by intellectual property rights, for a purpose other than their reading by a robot or a browser. This prohibition does not apply to web crawlers for the sole purpose to scan the Website's Content for indexing purposes.

11.3. License on the Software

11.3.1. License

ISCL grants to the Coach, on a non-exclusive basis, an end-user License for the Software. The License is granted for the entire world and for all languages. The License relates solely to the right of use of the Software, for the sole purpose of its execution, as well as the right of use of the Software except for:
- any reproduction for the purpose of marketing, distributing, rebroadcasting, distributing, publishing the Software or installing the Software on any other post than those of the Coach;
- any representation, even partial, of software, including through online communications to the public or public projections;
- any translation, adaptation, arrangement or modification of Software, and any export or merger of the latter with other computer applications;
- any compilation, decompilation, disassembly, translation, analysis, reverse engineering of the Software.
The rights to use the Software are personal and non-transferable. The rights granted to the user are exclusively for a single user, for their own purposes, to the exclusion of any form of provision to others, even to a subsidiary company or a member of a de facto or legal group.
The Coach may not transfer all or part of the rights and obligations under this contract, even as part of the material existence of rights covered by this License.

11.3.2. Guarantee

ISCL gives no other guarantee of the intellectual property regarding the Software other than the eviction of their own act, to the exclusion of the guarantee against eviction due to third parties. In the event that the Coach is sued for infringement, they may not call ISCL into warranty, nor may they bring a recourse action.

ARTICLE 12. FINAL CONDITIONS

12.1. Applicable Law

These terms and conditions are subject to basic Law of the Hong Kong Special Administrative Region of the People's Republic of China.

12.2. Changes to These Terms and Conditions

These terms and conditions may be amended by SchoolMaker.co at any time. The terms and conditions applicable to the Coach shall be those in force on the date of their order or their logging onto this Website, and any new connection to the personal account implies the acceptance of any new terms and conditions.

12.3. Disputes

Any dispute relating to or in connection with this contract shall be settled by arbitration in accordance with the rules of the Digital Arbitration and Mediation Institute: https://fast-arbitre.com

12.4. Entirety

The invalidity of any clause of this agreement shall not invalidate the remaining agreement clauses, or the agreement as a whole, which shall retain its full force and scope. In such a case, the parties shall, as far as possible, replace the invalid provision with a valid provision that corresponds to the spirit and purpose of these terms.

12.5. Non-Waiver

Lack of exercise by SchoolMaker.co of rights herein acknowledged shall in no case be construed as a waiver of those rights.

12.6. Languages ​​of these Terms and Conditions

These terms and conditions are available in English. Any other version of these terms and conditions in another language is only offered for the understanding of the Coach. In the event of a conflict of interpretation between the English version and another version, the English version will prevail.