Terms and conditions of our products and services

1. SCOPE OF APPLICATION
‍
1.1 The Contracting Parties undertake to comply with the following general conditions. SAS Seekoya publishes the Cards micro-learning product, which is subject to these general conditions of sale.

1.2 This agreement becomes valid and enforceable between the contracting parties after clear and unequivocal consent by any duly authorized person representing the Customer. The Customer accepts these conditions of sale when he checks the box “I accept the general conditions of sale” when buying online or when he chooses to commit monthly, annually or over 3 years on the Cards platform, or by signing the order form or the quote sent.

2. DISTRIBUTION OF SUBSCRIBED PRODUCTS/SERVICES
‍
2.1 Information concerning the products or services purchased is sent by email to the Customer:
• within thirty (30) days following the date of invoicing of the products ordered or on the date of publication and commissioning scheduled and agreed together as part of the contract or quotation validated by the customer.
In this case, Cards micro-learning will endeavour to inform The Customer of an indicative release date and the evolution of the work in progress, in particular in the context of the implementation of personalized offers (SSO, Active Directory, White Label Development).

2.2 Cards micro-learning shall in no way be held responsible for any delay in compliance with article 2.1 above, and including in cases where a new event or access to new contradictory information requires additional time to perform a complementary and priority task, in order to enable it to deliver products or services in accordance with the Customer's expectations.

2.3 The delivery of the product or service will only take place after payment by the Customer, and within the announced deadlines, in accordance with the conditions set out in article 3.

2.4 Delivery is activated either by e-mail via the online sales form or automatically via an email/password. If the format of the electronic delivery of products or services is defective, Cards micro-learning undertakes to replace the product or optimize the service in question, at no cost to The Customer, provided that the Customer is informed of the faulty formatting within 30 days from the date of the original download or receipt of the product or service.

2.5 The person who receives the products or services on behalf of the Customer must immediately check the quality of the products and their conformity with the order. Any claim for apparent defects or non-conformity must be sent in writing to Cards micro-learning within eight days of receiving the products. For this purpose, the Customer undertakes to produce sufficient evidence of such defects.

2.6 No return of products or services will be accepted without prior information to Cards micro-learning even in the event of late delivery. Any return of a product or service to SAS Seekoya without providing prior information as required by article 2.5 remains at the Customer's risk.

3. PRICE, BILLING AND PAYMENT
‍
3.1 The prices indicated in the orders correspond to each product or service sold or correspond to monthly or annual subscriptions. They are expressed to be duty free. Prices may be reassessed from time to time. The effective price is deemed to be that applicable at the time of the order, in accordance with the quotation validated by the Customer.
3.2 Payments by the Customer are due to Seekoya SAS by bank transfer or online bank card payment via our partner Stripe, on the date of receipt of the issued invoice, and remain due at most 30 days after receipt of the invoice in the event of bank transfer by the Customer, unless otherwise stated in the context of the Customer contract. Reminder: our services and products are activated as of the date payment is received.
‍
4. PASSIVE
‍
4.1 The Customer or any other natural or legal person acting on his behalf, being a professional user purchasing the products or services for his commercial activities, must be solely responsible for the choice of products, the use and the interpretation he makes of the documents he buys, the results he buys, the results he obtains, the actions he takes.

4.2 Under no circumstances will Cards micro-learning be responsible for:
a) damages of any kind, including direct or indirect damages (including, but not limited to, damages for loss of profits, business interruption, and loss of programs or information) arising out of the use or inability to use the Cards micro-learning site or the products or any information provided on the site, or in the products;
b) any claim attributable to errors, omissions or other inaccuracies in the product or services or their interpretations. Seekoya cannot be held liable in the event of non-compliant use of the platform, interruption related to force majeure or maintenance operations planned or not. The customer undertakes to strictly respect the general conditions of use of the Cards micro-learning platform.

4.3 All information in the products has been obtained from sources believed to be reliable. Cards micro-learning does not guarantee the accuracy, completeness, or timeliness of this information, which cannot be guaranteed to be error-free.

4.4 All products or services that Cards micro-learning sells may, upon notice to the Customer, from time to time be modified or replaced by similar products that meet the needs of the Customer. This modification does not engage the responsibility of SAS Seekoya, provided that SAS Seekoya ensures that the replaced Product or Service is similar to the product originally ordered.

4.5 In the event that, after inspection, it is recognized that the products contain defects, Cards micro-learning undertakes to replace the defective products or services as far as possible and without compensation compensation of any kind. Replacement is guaranteed for a maximum of two months from the date of delivery. Any replacement is excluded for any event indicated in article 5 below.

4.6 The deadlines indicated by Cards micro-learning for sending products are indicative only and are not guaranteed. If these deadlines are not respected, this cannot lead to cancellations of orders, with the exception of unacceptable delays exceeding the deadline by four months, without informing the Parties.

4.7 Seekoya makes no warranties, express or implied, with respect to the Cards micro-learning Product, including, but not limited to, any warranty of merchantability, fitness for a particular purpose, or the absence of errors or interruptions.Although Seekoya uses reasonable security measures in accordance with industry standards, to detect and limit the risks of infection by viruses, worms, Trojan horses, or any other malicious or destructive code, it cannot guarantee that the Product is totally free of such infections. However, in the event of proven detection of malicious code that may affect the security, integrity or availability of the Customer's service or data, Seekoya undertakes to inform the Customer as soon as possible, from the moment of knowledge of the incident, within 48 to 72 hours and to implement all reasonable means to limit the impact and restore the service.

5. FORCE MAJEURE

Cards micro-learning cannot be held responsible for the non-performance or delay in the execution of its contractual obligations if this non-performance or delay results from a case of force majeure within the meaning of article 1218 of the Civil Code.Are considered to be cases of force majeure, without this list being exhaustive: natural disasters, fires, floods, epidemics, acts of war, attacks, riots, social conflicts, total or partial strikes, internal or external, are considered to be cases of force majeure, without this list being exhaustive: natural disasters, fires, floods, epidemics, acts of war, attacks, riots, social conflicts, industrial conflicts, total or partial strikes, without this list being exhaustive: natural disasters, fires, floods, epidemics, acts of war, attacks, riots, social conflicts, industrial conflicts, total or partial strikes, without this list being exhaustive: natural disasters, fires, floods, epidemics, acts of war at the company, equipment or equipment failures, acts governmental, embargoes, interruptions in transport or telecommunications, or any other unforeseeable, irresistible and external event that prevents the normal execution of the contract. In the event of the occurrence of such an event, Cards will inform the Customer within thirty (30) days from its knowledge of the event, in writing, specifying the nature of the force majeure invoked and its foreseeable duration. The performance of Cards' obligations will be suspended for the duration of the case of force majeure, without penalty or compensation for the Customer. If the case of force majeure extends beyond sixty [60] calendar days, each party may automatically terminate the contract, without compensation on either side, without compensation on either side, or possible reimbursement, by registered letter with acknowledgement of receipt.

6. PROTECTION OF THE INTELLECTUAL PROPERTY RIGHTS OF CARDS MICRO-LEARNING
‍
6.1 All intellectual property rights attached to the Products or Services are and remain the property of Cards micro-learning and are protected under French and international copyright law and conventions.

6.2 The Customer has agreed not to disclose, copy, reproduce, reproduce, reproduce, reproduce, distribute, distribute, resell or publish the product, or any part of it, to any third party other than employees of its company. The Customer has the right to use the Products or Services only for its own internal and external information purposes.

6.3 The Customer is solely responsible to Cards micro-learning for all breaches of this obligation, whether they come from its employees or from any other person to whom the Customer has transmitted the products or services. The Customer will personally take care of any related procedure and will assume the financial consequences in full.

6.4 The Customer must define a single contact person within his company for the purposes of the contract. This person will also be responsible for respecting the copyright of Cards micro-learning and will ensure the non-distribution of products or services outside their company.

7. TERMINATION
‍
7.1 If the Customer cancels the order, in whole or in part, or postpone the date of dispatch, the Customer undertakes to indemnify Cards micro-learning (Seekoya) for all costs that were incurred on the date of notification by the Customer of such delay or cancellation. This may also apply to any other loss affecting Seekoya, directly or indirectly as a result of this decision.

7.2 In the event of a serious and proven breach of one or more of its obligations by one of the parties, the contract may be automatically terminated by one or the other of the Parties in the event of a serious breach by the other Party in its contractual obligations, after a formal notice that has remained without effect for a period of fifteen (15) calendar days.Apart from any breach, each Party may also terminate the contract at any time for convenience, subject to a notice of forty-five (45) calendar days, notified in writing (email or registered mail with acknowledgement of receipt) .Termination, regardless of the cause, does not entitle to any refund of amounts already paid or to any credit or deferral to the remaining subscription periods.The effects of the termination include in particular the suspension of access to the Cards platform for all users associated with the Customer's area, as well as the data processing methods provided for in the contract.
‍
8. VARIOUS
‍‍
Seekoya SAS, publisher of the “Cards micro-learning” solution, reserves the right to update its General Conditions of Use (CGU) and General Conditions of Sale (CGV) at any time. Any modification applicable to a current contract (monthly, annual or multi-year commitment) will be subject to a written notification sent to the Customer (by email or post), and will come into force within thirty (30) days after notification sent.

➤ Customers with annual or multi-year commitments:
The latter have a period of thirty (30) calendar days from the notification to express their reasoned refusal in writing. In the absence of a response within this period, the new CGU/CGV will be deemed to have been accepted by operation of law. In the event of express refusal, the Parties may agree to an amicable termination of the contract at the scheduled contractual deadline, without penalty or early repayment. Seekoya SAS reserves the right to study any request or special case, and to amend the contract of said Customer taking precedence over the general conditions of sale.

➤ Customers with monthly commitments:
The new CGU/CGV are applicable to them from the next monthly deadline, without a period of dispute. However, these Customers may freely cancel their contract at any time before this deadline, via their interface or by simple written request to the address: support [AT] cards-microlearning.com.

Unless explicitly stated otherwise, Seekoya SAS reserves the right to mention and display the logo and company name provided by the Customer when registering in Cards micro-learning, for communication purposes. At any time, the Customer may request the withdrawal of his mention (logo + company name) by making a written request (email hello [AT] cards-microlearning.com or postal mail addressed to the head office) to Seekoya SAS located at 12 Rue de la Part Dieu 69003 Lyon.

9. APPLICABLE LAW AND COMPETENT JURISDICTION
‍
This contract is governed by French law. The Parties grant exclusive jurisdiction to the Commercial Court of Lyon for any dispute, arising or to arise, concerning the formation, execution and/or termination of this contract and its consequences, even in the event of multiple plaintiffs or defendants in the legal proceedings concerned.

10. PAYMENT and PRICES
‍
All prices displayed on our site are indicated in euros and excluding taxes (therefore without VAT). We advise you to come back to our site or to us by phone (telephone of your commercial contact) or by email (email of your commercial contact) to consult the latest price updates.Any commitment and offer related to Cards is payable in advance with the order, by bank transfer, by bank transfer (RIB provided on all our invoices) or by bank card payment or transfer via Stripe (online payment solution). This commitment makes it possible to open access to the Cards account for the Customer over the defined and subscribed period.

The price displayed at the time of purchase on our site is considered to be the current rate but is not complete or accurate to meet the customer's request. The commercially valid rate is the one present in the quotation published for the Customer as part of an annual or multi-year subscription. The rates displayed on our website with automatic online subscription and payment by Credit Card are valid from the date of subscription, with a monthly or annual commitment.
At any time, the Customer may request to cancel or delete their data. The rate initially subscribed remains fully payable (annual commitment subscribed and paid).

During the purchase request, a quote and an invoice will be generated, including VAT. Each month, or once a year on the anniversary date, an invoice will be issued and sent by email to the Customer within the previous 30 to 45 days.

‍