Term of Use

1. SCOPE
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1.1 The Contracting Parties undertake to comply with the following general conditions of use. Seekoya SAS, also and sometimes called The Seller, publishes the solution called “The Product”, accessible online under the name “Cards micro-learning” as well as the 2 mobile applications for Apple and Android terminals, of the same name.

“The Client” designates the company (failing this the person) using the Cards micro-learning platform created by Seekoya SAS.

1.2 This agreement becomes valid and enforceable between the parties “Seekoya SAS” and “The Client” after clear and unequivocal consent by any duly authorized person representing The Client. By creating an account on the Cards micro-learning platform, the Customer accepts these general conditions of use when he ticks the box “I accept the general conditions of use”

2. DISSEMINATION OF SUBSCRIBED PRODUCTS / SERVICES

2.1 The information concerning Cards micro-learning, the products or services subscribed are sent by e-mail to the Customer: within a reasonable time for the products ordered before their effective publication. In this case, Seekoya SAS will endeavor to inform the Customer of an indicative release date and the progress of the work in progress. An estimate of the time needed to develop the products or services ordered will be made by Seekoya SAS

2.2 Seekoya SAS shall under no circumstances be held liable for any delay in compliance with article 2.1 above, and including in cases where a new event or access to new contradictory information would require additional time to carry out a complementary and priority task, in order to enable it to deliver products or services that meet the Customer’s expectations.

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

2.4 Delivery is actioned and will be made by e-mail once the purchase order / quote has been signed and when payment has been received. If the format of the electronic delivery of the products or services is defective, Seekoya SAS undertakes to correct the product or to optimize the service in question, at no cost to the Customer, provided that Seekoya SAS is informed of the defective formatting. within 30 days from the date of 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 complaint for apparent defects or for non-compliance must be sent in writing to the seller within eight days of receipt of the products. To this end, 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 the seller, even in the event of late delivery. Any return of product or service to Seekoya SAS without providing prior information to Seekoya SAS as required by article 2.5 remains at the Customer’s risk.

3. PRIX, FACTURATION ET DE PAIEMENT
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3.1 Les prix indiqués dans les commandes correspondent à chaque produit ou service vendu sur une base unitaire ou correspondent à des souscriptions annuelles ou mensuelles. Ils sont exprimés pour être hors taxes. Les prix peuvent être réévalués de temps à autre. Le prix effectif est réputé être celui applicable au moment de la commande.

3.2 Les paiements dus par Le Client à Seekoya SAS, doivent parvenir par carte bleue (via Stripe la solution de paiement retenue et utilisée sur la plateforme Cards micro-learning ou par virement bancaire sous 30 jours maximum après facturation. Sans règlement immédiat ou à défaut dans les 30 jours suivant la date de facturation, l’accès à la plateforme Cards micro-learning pourra être stoppé par Seekoya SAS.

4. PASSIVE
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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, of the results he obtains, of the actions he undertakes.

4.2 Under no circumstances will Seekoya SAS 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) resulting from the use or the inability to use the Seller’s 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.
c) content created by the customer on the Product (the platform) made available.

4.3 All information included by the Client in the Cards micro-learning platform must have been obtained from sources deemed reliable. Seekoya SAS does not guarantee the accuracy, completeness or relevance of the reliability of this information, which cannot be guaranteed to be error-free. In addition, Seekoya SAS strictly prohibits the creation or integration of content that is pornographic, violent, pedophile or that praises violence and hatred. If such content were brought to the attention of Seekoya SAS on the Cards micro-learning platform, then the Customer’s account will be immediately closed and reported to the competent services and courts.

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

4.5 In the event that, after inspection, it is recognized that the service, products or platform contain defects specific to the order placed, Seekoya SAS undertakes to correct 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 modification or correction is excluded for any event indicated in article 5 below.

4.6 The deadlines indicated by Seekoya SAS for the provision of the Cards micro-learning platform are given for information only and are not guaranteed. In the case of a white label order for the Customer, Seekoya SAS announces deadlines for personalization and availability to the Customer within two months. If these deadlines are not respected, this should not lead to cancellations of orders, except for unacceptable delays exceeding the deadline by four months, without information from Seekoya SAS. In this case only, the Customer has the right to request reimbursement of his first deposit or payment, excluding additional damages and interest.

4.7 Seekoya SAS makes no warranties, express or implied, including but not limited to those of merchantability and fitness for a particular purpose, with respect to the Products. Although Seekoya SAS shall take reasonable steps to screen the products or services for infection with viruses, worms, Trojan horses or other code containing malicious or destructive properties before making the products available, Seekoya SAS cannot guarantee that any product will be free of infections.

5. FORCE MAJOR
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Seekoya SAS shall not be liable for any delay directly or indirectly caused by, or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor disputes, equipment failure, delayed deliveries by suppliers or other difficulties which are beyond the control, and not the fault of the seller.

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

6.2 All content created and integrated into Cards micro-learning (the Product) is and remains the property of its author or the Customer. Under no circumstances is Cards micro-learning the owner of the content created and presented in the Cards micro-learning Product.

6.3 The Customer agrees not to disclose, copy, reproduce, distribute, resell or publish the Product, or any part thereof to any third party other than employees of its company. The Customer has the right to use the Products or Services solely for its own internal informational purposes.

6.4 The Customer is solely responsible vis-à-vis Seekoya SAS for all breaches of this obligation, whether by its employees or any other person to whom the Customer has transmitted the products or services. The Customer will personally take care of any related proceedings and will bear the full financial consequences thereof.

6.5 The Client must define within his company a single point of contact for the purposes of the contract. This person will also be responsible for respecting the copyright of the content created by the Customer.

7. TERMINATION
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7.1 If the Customer cancels the order, in whole or in part, or postpones the date of dispatch, the latter undertakes to compensate Seekoya SAS for all costs that have been incurred on the date of notification by the Customer of such delay or cancellation. This may also apply to any other loss affecting Seekoya SAS, directly or indirectly as a result of this decision. The commitment made by the Client is agreed either monthly or annually.

7.2 In the event of a serious and proven breach of one or more of its obligations by one of the parties, the other party may terminate this contract at the end of a period of 45 (FORTY FIVE) days following the sending a formal notice by registered mail with acknowledgment of receipt or bailiff’s writ, with no effect.

8. VARIOUS
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Seekoya SAS may update these terms of use. The Customer is deemed to have accepted the latest version of these terms and conditions following prior communication from the seller.

9. APPLICABLE LAW AND JURISDICTION
This contract is governed by French law. The Parties attribute exclusive jurisdiction to the Commercial Court of LYON for any dispute, whether born or to be born, concerning the formation, execution and/or termination of this contract and its consequences, even in the event of multiple claimants or defendants to the relevant legal proceedings.

SCOPE
The Contracting Parties undertake to comply with the following general conditions of use. Seekoya SAS, also and sometimes called The Seller, publishes the solution called “The Product”, accessible online under the name “Cards micro-learning” as well as the 2 mobile applications for Apple and Android terminals, of the same name.