Terms of Sale

Table of Contents

1. Acceptance of the terms
2. Statement
3. Plans, pricing, and payment terms
4. Switching plans
5. Renewal
6. Termination
7. No refunds
8. Legal disclaimer
9. General provisions
   1. Modification
   2. Translation
   3. Business entity
   4. Survival
   5. Miscellaneous concerns
   6. Compliance with laws
   7. Relationship of the Parties
   8. Notices
   9. Force Majeure.
   10. No Other Agreements.
   11. Support

Acceptance of the terms

The terms of sale stated below (hereinafter, the “Terms of Sale”) govern the use of the https://www.didacte.com website and of the training platform (hereinafter, the “Didacte Platform”) accessible through the website (hereinafter, considered together and collectively, the “Website”) by direct clients of Didacte who offer training resources through the Didacte Platform (hereinafter, the “Instructors” or “you”). As any use you will make of the application is contingent upon your acceptance of these Terms of Sale, we require that you peruse them thoroughly.

By checking the box labeled “I accept the Terms of Sale”, you confirm and acknowledge being bound by said Terms of Sale.

The general terms of use which apply to all users of Didacte applications (hereinafter, the “Users”) – namely the Instructors and users of the website who benefit from the training (hereinafter, the “Other Users”) are supplementary to these Terms of Sale. You will find them https://www.didacte.com/en/terms-of-use (hereinafter, the “General Terms of Use”).

Statement

The Website was designed to be used by the Instructors on a strictly commercial basis. Hence, by accepting these Terms of Sale, you represent and warrant that you are not a natural person who intends to use the Website for any purpose other than to conduct business activities.

Plans, pricing, and payment terms

All available membership plans are described on the Pricing of the Website.

Depending on the plan you have selected, certain management fees may be charged on sales carried out through Didacte – to which will be added the management fees associated with credit card payments (which are collected by a third-party payment processor at the moment a sale occurs and are adjusted according to the then-current pricing scheme of said third-party payment processor).

Unless otherwise stated, the management fees as well as the price of your monthly or annual membership plan do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against Didacte based on its income. Didacte will invoice you for such Taxes if Didacte has a legal obligation to do so, and you shall pay such Taxes if so invoiced.Management fees are levied automatically whenever a sale is confirmed. Monthly and annual membership plans are paid by means of a cheque, credit card, or wire transfer.

Didacte’s pricing scheme may change at any time, without notice.

Switching plans

Any request to modify your current plan for a higher or lower plan can be made via the Didacte Platform at any time. The current plan will be replaced by the new plan and a prorated credit, or charge, for the unused, or additional, period will be applied to your bill, if applicable.

The new plan will be activated at the time of the request without impacting the original renewal date.

The cancelation of a paid plan renewal will become effective on the next renewal date.

For Instructors on an “enterprise” membership plan, any modification of your plan to increase the number of active users may be made by contacting your account manager. Following a modification of your plan, you will be invoiced for the prorated increase in fees for the remainder of your subscription.

Instructors who wish to decrease the number of active users must inform Didacte at least seven (7) days prior to renewal. The decrease will be enforced on the renewal date. It is the instructors responsibility to deactivate the unnecessary users before the renewal date to prevent automatic deactivation of accounts to comply with the new limit.

Renewal

Upon its expiry, your membership plan shall be automatically renewed for the same term and period, unless it is terminated in accordance with section 6 below. In the event of payment failure, the service will be maintained for a 30-day period for your users but access to the system will be limited for administrative users, only allowing you to update your credit card information. An Instructor is considered in breach of conditions 30 days after the renewal date. In the event of a breach of condition linked to past due invoices, your platform will be automatically suspended for admins and users until any open invoices are paid in full.

Termination

The Terms of Sale may be terminated:

1. By an Instructor at any time when you cancel your membership through the Didacte Platform or with a Didacte representative;
2. by the parties at any time if the other party materially breaches any of its obligations under the General Terms of Use or under the Terms of Sale. If the material breach is curable, the General Terms of Use and Terms of Sale may only be terminated if such breach is not cured within 15 days after a party provides notice of the breach to the other party;
3. by Didacte if an Instructor fails to make any payment due hereunder after Didacte provides notice that such amounts are overdue;
4. by Didacte for convenience, with at least a 30-day prior written notice for a monthly subscription, or with at least 90 days prior written notice for an annual or multi-year subscription.

To the extent permitted by law, you hereby waive your right to unilaterally terminate your membership plan according to the provisions of section 2125 of the Civil code of Québec or of any other law, rule, or regulation which may find application.

No refunds

Except as expressly otherwise provided herein, payments are non-refundable and there are no refunds or credits for partially used periods or number of Users.

Notwithstanding the foregoing, if you have terminated the Terms of Sale pursuant to Section 6 (ii) or if Didacte has terminated the Terms of Sale pursuant to Section 6 (iv), Didacte shall refund any prepaid membership fees prorated for the remainder of the unused term.

Legal disclaimer

You hereby acknowledge being the only entity responsible for the content you post on the Website and for the consequences it may bring. By agreeing to these Terms of Sale, you expressly waive any conceivable form of protection (whether it be under the law or otherwise) which would in any way limit the scope of this document so only the claims made in your favor or that you already knew about (or suspected) at the time you accepted these Terms of Sale apply under this section.

General provisions