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Terms of Service

Table of Contents

  1. Contract Terms
  2. Terms and Conditions
    1. Didacte usage
    2. Access Code and Password
  3. Security and Data Privacy
    1. Confidential Information
    2. Use of Confidential Information
    3. Use of Cookies
    4. Geolocation
    5. Information Gathering
  4. Intellectual Property
    1. Copyright and Trademarks
    2. Third Party Copyright
    3. Rights of Use
  5. Usage Licenses
    1. Attachments
    2. Texts, videos, images, tests and PDFs
  6. Third-Party Service Providers
    1. External Sites
  7. Plans, Rates and Payment Methods
  8. Didacte Refund Guarantee
  9. Termination and Access Restriction
  10. Allowances
  11. Limitation of Liability
  12. Disclaimer of Liability
  13. Dispute Settlement
  14. Terms of Purchase
  15. General Information
    1. Changes to Terms of Use
    2. Terms of Use Translations
    3. Business Entity
  16. Support

Contract Terms

The following Terms of Use govern the use of Didacte applications. Please read them carefully, as the use of this application is subject to your unconditional acceptance of these terms and conditions. They apply immediately to every users who create a Didacte account.

By checking the box "I agree to the terms of use" you agree to be bound by these Terms of Use. You also agree to receive electronic communications from us. We can contact you at the e-mail address you specified on your user account.

Please note that these Terms of Use contain provisions governing how we may make claims to each other (see below "Disclaimer").

Terms and Conditions

Didacte usage

You agree not to:

  • Exploit commercially or reuse the content of Didacte applications;
  • Copy, modify, hack, attemp to decipher or discover the source code of any software developed by Didacte, adapt, distribute, re-publish or transmit any of this content without first obtaining our express written permission to do so;
  • Use Didacte's applications for unlawful purposes, such as displaying content that does not comply with or violates the law, or that is false, inaccurate, deceptive, defamatory, obscene or contrary to these Terms of Use;
  • Infringe intellectual property rights, the integrity and confidentiality of data, or the privacy of individuals;
  • Attempt to obtain unauthorized access to any user account, computer system or network related to Didacte services;
  • Use our apps to download, send or store any illegal, racist, hateful, obscene, discriminatory content or content containing viruses, Trojan horses, or any other similar harmful software;
  • Disseminate or display spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
  • Exempt you from the application of any Didacte policy or decision regarding the status of your account, such as temporary or permanent suspensions, or other deductions or restrictions affecting your account;
  • Use our websites, services, applications or tools if you are unable to legally enter into contracts or if use of our web sites, services, applications or tools is prohibited temporarily or permanently;
  • Circumvent or manipulate our pricing structure, billing process or charges due to Didacte;
  • Disclose, sell, rent or distribute information about a user to a third party.

Access Code and Password

You must ensure the confidentiality of your access code and password at all times and ensure that they are not disclosed under any circumstances.

You are entirely responsible for the activities carried out with your access code and your password, since Didacte is not required to verify the true identity or authority under which the persons who use your access code and password. Thus, you are bound by any use of your electronic ID, including unauthorized use by others without your knowledge or consent.

Consequently, you agree that Didacte will not be liable for any loss or damage that may result from use of your access code and password by a third party. If Didacte acts on the basis of instructions emanating from you or a person using your access code and password, you agree to indemnify Didacte for any claims, losses or expenses incurred as a result of using your access code and password, whether you authorized this use or not.

If an unauthorized person takes possession of your access code and password or if any other breach of confidentiality is brought to your attention, you must promptly notify Didacte's support.

Security and Data Privacy

Confidential Information

Didacte is committed to protecting the confidentiality of its business and personal information about its customers. Learn more about our current security practices here.

Thus, in addition to the confidentiality obligations imposed on you by the Act respecting the protection of personal information in the private sector and their regulations, you must ensure that you protect the confidentiality of the information that Didacte makes available to you through its applications.

You agree that Didacte shall not be liable for any loss or damage that may arise directly or indirectly from a breach of confidentiality of any information provided or transmitted in violation of these terms and conditions of use and agree to notify Didacte immediately of any breach likely to affect this confidentiality and to indemnify it for any claim, loss or expense that may result from such communication or transmission.

Use of Confidential Information

You agree that Didacte will access your data to adequately respond to your requests for technical support. We will not disclose such data, except if required by law or as duly authorized by you.

Use of Cookies

Like many web applications, Didacte uses cookies. Cookies are small text files that we put on your computer, allowing us to provide you with a better browsing experience, especially regarding account login. If you chose to disable use of cookies in your web browser, some parts of the application may not function properly and you will not be able to log in to your account.

Geolocation

You agree that Didacte will access your location for billing and tax purposes. By using Didacte, you agree not to lie about your geolocation. Didacte is not liable for any failure to comply with this clause.

Information Gathering

Upon the creation of a user account or the purchase of a course, Didacte may collect personal information including, without limitation, your name, address and e-mail. This personal information may be used to identify you or to contact you.

You are required to immediately update the information provided at registration and payment information, if applicable, and you will be solely responsible for any loss, damage or additional costs that you, Didacte, or anyone else may incur due to the fact that you provided incorrect, incorrect or incomplete information.

Didacte uses this information to keep you informed of software updates, improvements, to send you important information about your account or to notify you of changes to our Terms of Use and Policies. They also serve to improve our services and promotional activities.

Didacte uses Google Analytics to collect and use anonymous information, which consists of data that does not allow direct association with a specific individual. Didacte also allows administrators of a Didacte platform to use their own Google Analytics account.

Intellectual Property

Copyright and Trademarks

The content of Didacte's applications is protected by copyright laws in Canada. It is strictly forbidden to copy, reproduce, publish or distribute, in whole or in part, the content of Didacte applications.

Didacte owns the trademarks used in relation to the products and services it offers, whether in the form of names, graphics, logos, icons, drawings, words, titles or phrases. These trademarks are protected by Canadian trademark laws. You may not use them without prior permission from Didacte.

Third Party Copyright

Didacte respects the intellectual property of others, we ask our users to do the same. Each user is responsible for ensuring that the material distributed or sold via Didacte belongs to them or is free of rights.

Didacte disclaims all liability for the dissemination or sale by its users of material belonging to a third party.

Didacte is committed to removing any content that violates the Copyright Act. Under certain circumstances, Didacte may close the account of defaulting users.

Rights of Use

It is forbidden to reserve a Didacte subdomain for future use or for purposes of resale or solicitation of payment. Didacte reserves the right to rename or close inactive accounts. Didacte domain names are allocated on a first-come, first-served basis.

The purchase of courses on Didacte does not give you the right to use the contents for commercial or promotional purposes or to transfer the copyright to you.

Usage Licenses

You own the content you publish on Didacte. We will not copy, transmit or publicly disclose your content without first obtaining your express consent. Didacte is not responsible, and you agree not to hold Didacte liable for any unauthorized downloading of your content by a user on a personal computer and for any use of your content for commercial purposes or otherwise that will cause you harm.

Attachments

By using the attachment feature, you allow registered users to access and download attachments on their personal computers exclusively for personal use.

Texts, videos, images, tests and PDFs

You allow users enrolled to your courses to access all texts, videos, images, tests and PDFs exclusively for personal purposes. In addition, you authorize users enrolled to your courses to download a copy on their personal computers of PDFs for which you have authorized the download, exclusively for personal purposes.

Third-Party Service Providers

External Sites

Our applications may contain links to external sites. If you access these sites, please be aware that the use you make of them is governed by their own terms and conditions and be aware that Didacte is not responsible for their content or the way your data is processed. Didacte shall in no event be liable for any damage or loss caused or allegedly caused, directly or indirectly, by access to or use of such sites.

Plans, Rates and Payment Methods

A 10% management fee applies on the course sales made on Didacte. These charges are supplemented by a payment management fee, levied directly by Stripe at each sale. These are adjusted to the current Stripe fee.

Besides using Didacte for online sales, plans for organizations are also available. See <%= link_to t('didacte_business'), page_path(id: 'didacte-business') %> for more details. Didacte rates are subject to change without notice.

Didacte Refund Guarantee

If a problem occurs during a transaction, the Didacte Reimbursement Guarantee allows users and trainers to communicate with each other and resolve any issues. Users and trainers agree to comply with the regulations and authorize us to make a final decision in any dispute relating to the Didacte Reimbursement Guarantee.

Refund to a user has can be initiated by the administrator directly from his Stripe account. The trainer agrees to reimburse the total amount invoiced to the user. The Didacte fees invoiced to the administrator will not be refunded unless the cause of the problem is directly attributable to Didacte.

If, as administrator, you decide to reimburse a user or if you are required to reimburse a user or Didacte under the Didacte Reimbursement Guarantee, you authorize Didacte to instruct Stripe to deduct the amount of your Stripe account, add the amount to your bill or to use method of payment on your record. If we can not get a refund from you, we can collect the unpaid amounts using other means of collection, including through collection agency services.

We may terminate the Didacte Reimbursement Guarantee in whole or in part without notice if we believe there is abuse or interference with the smooth operation of the settlement.

Termination and Access Restriction

Didacte reserves the right to terminate your access to our applications at any time and without notice, in whole or in part. If you violate these terms and conditions of use, your access to our applications will be immediately removed.

In addition, Didacte may cancel unconfirmed accounts or accounts that have remained inactive for a long period of time, or modify or discontinue offering Didacte's websites or services. In addition, we reserve the right to refuse our services to any person, for any reason whatsoever, in our sole discretion, or to terminate our services.

These Terms of Use (including the policies and regulations incorporated therein) represent the full agreement between the parties with respect to the matter herein. The following sections survive any termination of these Terms of Use: Plans, rates and terms of payment, Disclaimer, Limitation of Liability and Dispute Resolution.

Allowances

You will indemnify and hold Didacte, its shareholders, officers, directors, employees and agents harmless from any claim or demand, including reasonable legal fees, made by a third party as a result of any breach by you of these Terms of Use, or any breach by you of your use of our sites, services, applications or tools, or as a result of any breach by you of any law or the rights of any third party.

Limitation of Liability

Didacte will take all reasonable steps to make its applications accessible. However, Didacte can not be held liable, and you agree not to hold ourselves liable for any loss or damage, including loss of profits, costs or damages that you or your customers may suffer and which are attributable directly or indirectly to the use of the Didacte applications or in the event that they become inaccessible or if their access was delayed or revoked.

Disclaimer of Liability

In the event of a dispute with one or more users, you disclaim us (and our associates and our subsidiaries and their officers, directors, employees and agents) of all claims, claims and damages (real and consequential) known and unknown, arising out of or related to these disputes. By agreeing to these Terms of Use, you expressly waive any form of protection, statutory or otherwise, that would in any way limit the scope of this document to encompass only claims in your favor you knew or suspected of existence at the time of your acceptance of these Terms of Use.

Dispute Settlement

If you have a dispute with Didacte, our objective is to offer you a neutral and economical way to solve it quickly. As a result, you and Didacte agree to resolve any and all disputed claims or matters of fairness arising out of these Terms of Use or our Services (a "Claim"), using one of the stated mechanisms below or under terms and conditions agreed to by you and us in writing.

These conditions and any dispute or any claim on your part against Didacte are governed exclusively, in their entirety and in all fields by the laws in force in the Province of Quebec and by the federal laws of Canada that apply in this matter. You agree that any claim or dispute between you and Didacte will be resolved by a court in the judicial district of Quebec, Province of Quebec, unless otherwise agreed to by the parties. If the subject matter of these claims or disputes is subject to trial, you agree to submit to the personal jurisdiction of the courts located in the province of Quebec.

Terms of Purchase

It is your responsibility to read in full the description sheet of a training, including all instructions given by the trainer, before committing to purchase. If you agree to purchase training, you enter into a legally binding contract with the trainer and are required to purchase the training.

General Information

Changes to Terms of Use

Didacte reserves the right to modify the terms and conditions of use at any time.

Terms of Use Translations

Any translation of these Terms of Use and all related documents is for the sole purpose of meeting local requirements and, in the event of differences in interpretation of the English and French versions, the French version of these Terms of Use and all related documents shall prevail.

Business Entity

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on its behalf and to bind the business entity to these Terms of Use. The said account shall be the property and under the control of the commercial entity.

Support

In the event of a problem or for any additional information, please contact us at the following address:info@didacte.com