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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".
"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.
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.
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.
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.
ISCL undertakes that the Coach can connect Software at any time, excluding maintenance periods.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
SchoolMaker.co will send or make an electronic invoice to the Coach after each payment. The Coach expressly agrees to receive invoices electronically.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
The data collected during the performance of the service are based on a contractual relationship.
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.
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.
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.
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.
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.
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 |
| 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.
The Coach also agrees that ISCL transfers the data collected to any person, on the requisition of a state authority or by court order.
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.
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.
SchoolMaker.co does not assume liability in cases of force majeure or error of the Coach, as defined in this Article:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
These terms and conditions are subject to basic Law of the Hong Kong Special Administrative Region of the People's Republic of China.
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.
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
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.
Lack of exercise by SchoolMaker.co of rights herein acknowledged shall in no case be construed as a waiver of those rights.
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.