General Conditions – Users
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 : support@schoolmaker.co, hereinafter "ISCL" and any person, natural or legal, private or public law,governed by private or public law, client of the Coach and registered on the Website as a User, hereinafter "the User".
ARTICLE 2. DEFINITIONS
"Coach": Any professional, natural person over the age of legal majority or legal entity,
governed by private or public law, registered on the Website as a Coach.
"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.
"Licence": 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.
"Website": website accessible at the URL https://schoolmaker.co, as well as sub-sites,
mirror sites, portals and URL variations related thereto.
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 User 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 User. The User recognises the evidential value of SchoolMaker.co's automatic
registration system and, unless the User 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 User.
The acceptance of these terms and conditions entails that the Users 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 Users and to define the obligations and responsibilities of ISCL in the context of the use of the Software by the User.
4.2. Hosting and security
ISCL undertakes to provide for the benefit of the User 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 User can connect to the Software at any time, excluding maintenance periods.
4.4. Services
ISCL offers Users access to the online account of their Coach. This list of Services may be reduced, modified or supplemented by ISCL unilaterally and without notice.
ARTICLE 5. OBLIGATIONS OF THE USER
5.1. User Statements
The User 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 User 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 they subscribed to the Services provided by
SchoolMaker.co knowingly and having all the necessary information to provide free and
informed consent.
5.2. Authorisations
The User is solely responsible for authorizations and declarations relating to the use of the
Software. The User declares that they have the necessary rights and permissions for this
purpose. Where applicable, the User 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 User 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. Health data
The User undertakes not to communicate any health data within the meaning of the European regulation on the protection of personal data, 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. CUSTOMER SERVICE
The Customer Service of the Website is available from Monday to Friday from 10 am to 18 pm by email to: support@schoolmaker.co 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 7. PERSONAL ACCOUNT
7.1. Creating the Personal Account
The creation of a personal account is a prerequisite for using the Software. To this end, the
User 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 User to provide
such information will have the effect of preventing the creation of the personal account and,
incidentally, the use of the Software.
During the creation of the personal account, the User is asked to choose a password. This
password is the guarantee of confidentiality of information contained in the personal account.
The User 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 account
of a User.
The User agrees to regularly check their personal information, and visit their personal
account to make any necessary updates and changes.
7.2. Content of the Personal Account
7.2.1. General Information
The personal account allows the User to purchase programs from their Coach, to consult
their file with their Coach, to fix an appointment with their Coach, to send testimonies videos,
to access the online community and to consult the history of the exchanges with their Coach.
Pages on personal accounts are freely printable by the account holder in question, but do not
constitute an admissible evidence in court. They are for informational purposes only and are
intended to ensure effective management of orders by the User.
SchoolMaker.co is committed to keep secure all contractual elements whose storage is
required by the law or the regulations in force.
7.2.2. Forum
SchoolMaker.co offers Users 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 Users 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 User agree to respect the rights of third parties. Any
response that advises a questionable or fraudulent practice will be removed and the User will
be subject to exclusion.
The Users 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 site or to a non-accepted site may be removed without notice or
compensation.
7.2.3. Internal Messaging
An internal private messaging service is made available to Users. 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 Users to back up the content. The
loss of these contents, whatever the cause, can not constitute a damage for the User who will
not be able to claim any compensation of this fact.
Any User who will be the victim of abuse (spam, unwanted advertising or other) may inform
SchoolMaker.co who will take all necessary measures.
7.2.4. Users Contributions
Users are offered the opportunity to contribute to the content of the Website by posting
comments and videos 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 User grants a non-exclusive
copyright license to SchoolMaker.co for the said comment. As such, the User
authorizes SchoolMaker.co to communicate to the public online, in whole or in part, their
comment on the Website, the newsletters of SchoolMaker.co and the sites of the partners of
SchoolMaker.co. The User 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 User 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 User must state that they possesse the intellectual property and authorisations required
to proceed with the publication of their comments. The User shall agree to act on any
request by SchoolMaker.co in the event of any proceedings brought against the latter
because of the User's comments and shall ensure any charges and convictions against it
resulting therefrom, including any legal fees.
7.3. Deleting the Personal Account
SchoolMaker.co reserves the right to delete the account of any User who violates these
terms and conditions, particularly when the User provides inaccurate, incomplete, misleading
or fraudulent information and when the personal account of a User 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 User, when the facts would justify it.
ARTICLE 8. PERSONAL DATA
SchoolMaker.co acts as a personal data processor for the Coach. As such, it carries out its mission in accordance with the instructions given by the Coach in the General Conditions – Coaches and in accordance with the GDPR.
ARTICLE 9. RESPONSIBILITY OF SCHOOLMAKER.CO
9.1. Nature of the obligations of SchoolMaker.co
The service provided by ISCL is limited to the supply of a 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 User, nor the quality of these results. The User is solely responsible for
the use of the Software and the results obtained from it.
9.2. Force Majeure – User's Fault
SchoolMaker.co does not assume liability in cases of force majeure or error of the User, as defined in this Article:
9.2.1. Force Majeure
Within the meaning of these terms force majeure enforceable against the User 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 User, 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.
9.2.2. User'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 User, and the provision of misinformation or lack of updates of such information in their personal account will be considered a fault of the User, 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 User.
9.3. Technical Problems - Hypertext Links
If the Website cannot be accessed due to technical problems of any kind, the User 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
Users and may not give rise to the payment of damages by SchoolMaker.co.
The hypertext links on the Website 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 User's visit to one of these websites causes
them prejudice.
9.4. 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 User 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 clients. 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.
9.5. 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 User.
9.6. Liability as host
The User is responsible for data, including comments, posted by them on the Website.
In this context, SchoolMaker.co benefits of the data host status.
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 10. INTELLECTUAL PROPERTY
10.1. 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.
10.2. Contractual Protection of Content of the Website
The User 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.
10.3. Licence on the Software
10.3.1. Licence
ISCL grants to the User, 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 Licence 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 User;
- 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 User 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 Licence.
10.3.2. 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 User is sued for infringement, they may not call ISCL into warranty, nor may they bring a recourse action.
ARTICLE 11. FINAL CONDITIONS
11.1. 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.
11.2. 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 User 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.
11.3. 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.
11.4. 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.
11.5. Non-Waiver
Lack of exercise by SchoolMaker.co of rights herein acknowledged shall in no case be construed as a waiver of those rights.
11.6. 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 User. In the event of a conflict of interpretation between the English version and another version, the English version will prevail.
11.7. Cold Calling
The User is informed that they have the possibility to register on the opposition list of cold calling on the address http://www.bloctel.gouv.fr/.