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LEARNYBOX IS AN ALL-IN-ONE SAAS SOLUTION FOR SHARING, PROMOTING, AND SELLING YOUR KNOWLEDGE, EXPERIENCE, AND PASSIONS ON THE INTERNET. THESE T&Cs ARE INTENDED TO GOVERN THE USE OF THE LEARNYBOX WEBSITE AND THE RIGHTS AND OBLIGATIONS OF TRAINERS AND USERS, IN PARTICULAR IN THE EVENT OF THE SALE OF TRAINING BY TRAINERS TO USERS VIA THE SERVICE OFFERED.
ANY ACCESS AND/OR USE OF THE LEARNYBOX WEBSITE IMPLIES UNCONDITIONAL ACCEPTANCE OF AND COMPLIANCE WITH ALL THE TERMS OF THESE CONDITIONS. IF THE USER DOES NOT WISH TO ACCEPT ALL OR PART OF THESE TERMS AND CONDITIONS, THEY ARE REQUESTED TO REFRAIN FROM USING THE SITE.
LEARNYBOX RESERVES THE RIGHT TO REFUSE OR WITHDRAW ACCESS TO THE SITE FROM ANY USER WHO DOES NOT COMPLY WITH THESE TERMS OF USE OR THE DOCUMENTATION.
LEARNYBOX IS PUBLISHED BY LEARNYBOX SARL, A COMPANY REGISTERED IN THE MONTPELLIER TRADE AND COMPANIES REGISTER UNDER NUMBER 815 310 131, WITH ITS HEAD OFFICE AT 34000 MONTPELLIER (FRANCE), 1025, RUE HENRI BECQUEREL, REPRESENTED BY MARC-ANTOINE SERFATY, ITS LEGAL REPRESENTATIVE AND MANAGER.
THE LATEST VERSION OF THE TERMS AND CONDITIONS IS AVAILABLE ON THE LEARNYBOX WEBSITE.
LEARNYBOX RESERVES THE RIGHT TO MODIFY THESE TERMS AND CONDITIONS AT ANY TIME.
IN THIS CASE, A NOTICE OF THE CHANGES WILL BE POSTED ON THE WEBSITE. THE USER AGREES THAT ANY USE OF OR ACCESS TO THE WEBSITE AFTER THE DATE OF THE CHANGES WILL CONSTITUTE UNRESERVED ACCEPTANCE.
THE EXECUTION OF THESE TERMS AND CONDITIONS AND ANY DISPUTE RELATED TO THE USE OF THE LEARNYBOX WEBSITE IS SUBJECT IN ITS ENTIRETY TO FRENCH LAW.
ANY DISPUTES TO WHICH THIS AGREEMENT MAY GIVE RISE, CONCERNING ITS VALIDITY, INTERPRETATION, EXECUTION, TERMINATION, CONSEQUENCES, AND FOLLOW-UP, SHALL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW. EXCEPT FOR DISPUTES CONCERNING CONSUMERS, IN THE EVENT OF A DISPUTE BETWEEN THE TRAINER AND LEARNYBOX, THE COMMERCIAL COURT OF NIMES SHALL HAVE JURISDICTION.
Content(s): All content on the LearnyBox Website, including text, images, logos, photos, graphics, tools, illustrations, videos, software code or audio/video source code, animations, charts, names, trademarks, and more generally all elements that may or may not be covered by intellectual property rights associated with them.
Site: Content distribution platform accessible at LearnyBox.
Client(s)/Trainer(s): Person who has subscribed to the Site's course distribution service on a Space reserved for them and who is responsible for the Content and its distribution to Users.
Reserved Space: Distribution space allocated to a customer who offers access to it either publicly or to persons designated by them by means of an email address and a personal password (hereinafter referred to as the "activation key") for paid Content.
User(s): Person(s) with access to the Content and the Reserved Space by means of an email address and a personal password (hereinafter referred to as the "activation key"), provided by the Trainer for the paid Content.
LearnyBox is a platform for creating Content/training courses on which Trainers can make Content available to Users free of charge or for a fee in a Reserved Area.
THE TRAINER PROVIDES ONE OR MORE USERS WITH PERSONAL ACCESS AND USE RIGHTS TO THE RESERVED AREA.
THE USER AGREES THAT THEIR RIGHT TO ACCESS AND USE THE AREA IS STRICTLY GOVERNED BY THE AGREEMENTS BETWEEN THE TRAINER AND LEARNYBOX.
For any issues related to the Content or their right of access, the User must contact the Trainer directly.
The User has the right, for personal use only, to access and view the courses in the Customer's reserved Space, which has granted them access either free of charge or for a fee by providing them with an activation key. The User has no ownership rights over any of the elements of the Site protected by intellectual property rights or the Content.
Only the rights holder, LearnyBox and/or the customer, may authorize the reproduction of any element of the Site. Without this written authorization, the User is liable to civil and criminal penalties.
Users agree not to use the Content other than through the service and features offered by the Site and in accordance with the documentation provided.
The User undertakes to:
FOR ANY USE BEYOND THE ABOVE-MENTIONED SCOPE, THE USER MUST HAVE RECEIVED PRIOR WRITTEN AUTHORIZATION FROM THE SITE AND THE TRAINER.
In certain cases, the LearnyBox Website allows users to post comments over which LearnyBox has no prior control.
Therefore, by posting a comment on the LearnyBox Website, the User is aware that they are publishing under their own responsibility. The User undertakes to comply with the laws in force, in particular with regard to intellectual property, image rights, and press law.
Users also agree to:
Subject to compliance with all obligations under these Terms of Use and the agreements between LearnyBox and the Customer, the User has a limited, revocable, non-exclusive, non-transferable right of access to the Reserved Area, which cannot be sublicensed, as well as to the information on the Site in accordance with these Terms of Use. Any other use of the LearnyBox Site is strictly prohibited and constitutes a breach of the provisions herein.
The User indemnifies LearnyBox against any damages and disputes that may arise from their actions or activities, including, but not limited to, failure to comply with their obligations hereunder.
The User undertakes to fully indemnify LearnyBox on first request for any damage of any kind whatsoever, arising from any of the aforementioned events and affecting the Site, without prejudice to any other damages that may be claimed by LearnyBox. This warranty covers convictions as well as all legal costs necessary to ensure the defense of LearnyBox.
LearnyBox is only bound by the obligations explicitly stated in these Terms of Use, as well as those resulting from applicable mandatory legal provisions and agreements entered into with the Training Client.
LearnyBox is not liable for any direct or indirect damage related to the use of the Site. The User alone assumes the risks associated with their use of the Site.
LearnyBox cannot be held liable under any circumstances:
LearnyBox makes no express warranties or representations. In the absence of any that could legally be enforced against it, LearnyBox excludes any implied representations or warranties, including, but not limited to, any warranty of quality, suitability for a particular purpose, ownership, accuracy of data, and non-infringement of the rights of others.
The Trainer may grant Users access to training courses in exchange for a sum of money.
The User shall make the payment for access set by the Trainer at the time of the reservation request via the LearnyBox payment system called LearnyPay by credit card (Carte Bleue, Visa, MasterCard) or any other means that LearnyBox makes available on its Site.
For all credit card payments, LearnyBox has implemented a secure payment system for LearnyBox provided by MANGOPAY (www.mangopay.com). This payment protocol is recognized worldwide for the protection of data transmitted over the Internet. By using LearnyPay, the Trainer and the User unreservedly accept MANGOPAY's terms and conditions, which can be found here: https://mangopay.com/terms-and-conditions/payment-services, as well as their Pricing Terms and Conditions and Terms and Conditions of Use for Payment Service Providers, which can be found here: https://mangopay.com/terms/PSP/PSP_MANGOPAY_FR.pdf
Learnybox draws your attention to certain activities prohibited by Mangopay: mangopay.com/fr/activites-prohibees/. In this regard, these activities are strictly prohibited on Learnypay, and Mangopay reserves the right to close the E-Wallet in the event of a prohibited activity.
Payments are deposited into an escrow account with MANGOPAY. The sums thus deposited are allocated to the payment of the Trainer's training, less the LearnyPay service fees attributable to it, corresponding to a commission of 2.6% including tax of the training amount.
Transfer orders given by Users in accordance with these terms and conditions are irrevocable and will be executed for LearnyBox by MANGOPAY.
The User and the Trainer authorize LearnyBox to offset at any time, including after the account has been closed, any certain, liquid, and payable debt that remains outstanding, for any reason whatsoever, with the sums available in the LearnyPay accounts.
Users and Trainers undertake to respond favorably to any request from LearnyBox or MANGOPAY and, more generally, from any competent administrative or judicial authority in relation to the prevention or fight against money laundering and, in particular, they agree to provide any useful proof of address or identity. In the absence of an immediate response to these requests, LearnyBox and/or MANGOPAY may take any appropriate measures, including freezing the sums paid and/or suspending the service.
In order to respect the privacy of its Users and in accordance with the law, LearnyBox collects and processes personal information within the Site.
LearnyBox is responsible for the processing of personal data.
When registering and making a payment, the User is required to provide personal and confidential data (including bank details), which will enable them to benefit from the platform's features.
The User's personal data is used solely for the purposes of communication and management of activation keys on behalf of the Trainer and for purely statistical and commercial prospecting purposes.
The personal data collected is intended exclusively for LearnyBox and the Trainer concerned, who is responsible for processing it.
This data is kept for the period necessary for the purposes for which it is collected and processed.
In accordance with Article 34 of the French Data Protection Act, LearnyBox guarantees the User the right to oppose, access, and rectify any personal data concerning them.
Each Member may exercise their rights by writing to LearnyBox by email at contact@learnybox.com or by post at the following address: LearnyBox 1025 Rue Henri Becquerel, 34000 Montpellier.
For data processed by the Trainer, the User may exercise their rights by contacting the Trainer directly at the address they have specified.
LearnyBox may set cookies on the Platform. This is an automatic tracking process that records information relating to Users' browsing on the Platform and stores information entered during visits in order to facilitate the registration process and use of the Platform. STOOTIE obtains the User's express consent to place cookies on the User's device. The User may object to their placement and/or delete them by following the procedure indicated on their browser.
It is formally agreed that any tolerance or waiver in the application of all or part of these commitments, regardless of their frequency and duration, shall not constitute a modification of the contractual commitment, nor shall it be likely to create any right whatsoever. In the event that any clause of these general terms and conditions of sale is null and void for any reason whatsoever, this shall in no way affect the validity and compliance with the other clauses and these GTC.
You have the right to withdraw from the purchase of training without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the date of conclusion of these general terms and conditions of use.
To exercise your right of withdrawal, you must notify the Trainer of your decision to withdraw by means of an unambiguous statement (e.g., letter sent by post, fax, or email). You may use the model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, you only need to send your communication concerning your exercise of the right of withdrawal before the withdrawal period expires.
Effects of withdrawal
In the event of withdrawal on your part, the Trainer must reimburse the User for all payments received, including delivery costs, without undue delay and, in any event, no later than fourteen days from the day on which the Trainer is informed of the decision to withdraw. The Trainer will make the refund using the same means of payment as that used by the User for the initial transaction, unless the User and the Trainer expressly agree on a different means; in any event, this refund will not incur any costs for the User.
(Please complete and return this form only if you wish to withdraw from the contract.)
To the Trainer: [The contact address is specified on the training sales page].
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the provision of services (*) below:
Ordered on:
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
French