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General Terms of Use

Table of Contents

  1. Acceptance of the terms
  2. General conditions
    1. Using Didacte
    2. Access code and password
  3. Terms of sale
  4. Safety and privacy of data
  5. Communications
  6. Intellectual property
    1. Copyright and trademarks
    2. Copyrights owned by third parties
    3. Rights of use
  7. License to use
    1. Enclosed documents
    2. Text files, videos, images, tests, and PDFs
  8. Service providers
    1. External websites
  9. Didacte’s money-back guarantee
  10. Termination and restricted access
  11. Indemnification
  12. Limited liability
  13. Settlement of disputes
  14. Purchase requirements
  15. General provisions
    1. Modification
    2. Translation
    3. Business entity
    4. Miscellaneous concerns
  16. Support

Acceptance of the terms

The general terms of use stated below (hereinafter, the “General Terms of Use”) 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”) owned by Didacte Inc. (hereinafter, “Didacte”) by all the clients of Didacte who offer training resources through the Didacte Platform (hereinafter, the “Instructors”) as well as by all other users of the Website, including those who use the Didacte Platform in order to access training sessions provided by the Instructors (hereinafter, the “Other Users”, and, considered together with the Instructors, the “Users”). As any use you will make of the Website is contingent upon your unconditional acceptance of these Terms of Use, we require that you peruse them thoroughly.

Whenever you use the Website, you acknowledge and confirm that you have read, understood, and accepted these General Terms of Use – as they may be modified by Didacte according to the provisions contained herein. Should discrepancies, contradictions, or inconsistencies ever arise, these Generals Terms of Use, as they may be modified from time to time, shall prevail over any terms, conditions of use (including the Terms of Sale), communications, advertisements, and other promotional resources. Should you disagree with any of the General Terms of Use contained herein, please refrain from using the Website.

General conditions

Using Didacte

You hereby commit to never :

  • operate commercially or reuse any part of the content of Didacte applications;
  • copy, alter, hack, or attempt to extract the source code of any software developed by Didacte, or adapt, distribute, reissue, or transmit any part of its content without first obtaining Didacte’s explicit written consent;
  • use any Didacte application for illegal purposes, such as posting content which (i) contravenes any law or regulation, or (ii) is false, inaccurate, misleading, slanderous, obscene, or in violation of these General Terms of Use;
  • violate intellectual property rights or compromise the integrity or confidentiality of data or the privacy of individuals;
  • attempt to gain unauthorized access to any user account, computer system, or network associated with the services provided by Didacte;
  • use Didacte applications in order to download, upload, or store any content deemed illegal, racist, hateful, obscene, or discriminatory, or which carries computer viruses, trojans, or other types of malicious software;
  • post or transmit spam, unsolicited electronic transmissions, chain letters, or pyramid schemes;
  • ignore any policy or decision implemented by Didacte in connection with the status of your account, such as a temporary or permanent suspension or similar restrictions;
  • Use Didacte’s Website, services, applications, or tools while (i) being unable to legally bind yourself by contract, or (ii) being subject to a temporary or permanent suspension preventing you from doing so;
  • bypass or tamper with Didacte’s pricing structure or invoicing process, or with the fees and commissions owed to Didacte;
  • disclose, sell, rent, or distribute to third parties any information related to a User.

Access code and password

You must ensure that your access code and password remain confidential at all times and are never disclosed to anyone.

You are solely responsible for the activities carried out through the use of your access code and password, Didacte having no obligation whatsoever to verify the true identity or authority of any person entering said access code and password. In other words, you shall be bound by any use of your electronic profile, even if such use occurs without your knowledge or consent.

In such a context, you acknowledge that Didacte will at no time and in no circumstances whatsoever be held liable for losses or damages stemming from any kind of use of your access code and password by a third party. Should Didacte ever act on the basis of instructions given by yourself or any person using your access code and password, you shall defend, indemnify, and hold Didacte harmless in regards to any claims, losses, or expenses incurred following the use of your access code and password – whether or not your authorized it.

It is your duty and responsibility to notify Didacte the moment (i) you learn that an unauthorized person is in possession of your access code and password, or (ii) you are made aware of any form of privacy or security breach.

Terms of sale

The Instructors (i) represent and warrant that they have read, understood, and accepted the Terms of Sale available at https://www.didacte.com/terms-of-sale, as they may be amended from time to time (hereinafter, the “Terms of Sale”), (ii) commit to observe and uphold said Terms of Sales at all times, and (iii) acknowledge that said Terms of Sale remain subject to the General Terms of Use contained herein.

Safety and privacy of data

Didacte may collect and keep on record the personal information you provide while using the Website or creating a user account. Access to (and the use of) such personal information are governed by the terms and conditions of Didacte’s privacy policy (available at https://www.didacte.com/privacy-policy, which is deemed an integral part of these General Terms of Use (hereinafter, the “Privacy Policy”).

Communications

By registering, setting up an account, and/or using the Website, you agree to receive (i) e-mails and information issued by Didacte, its affiliates, and/or its service providers, which contain promotional considerations and offers of products and services likely to be of interest to you, and (ii) promotions advertised by third parties directly or indirectly interested by the use you make of the Website. Should you, at any moment, decide that you no longer wish to receive promotional communications, just click on the “unsubscribe” link you will find at the bottom of each e-mail, or send a request to that effect to Didacte’s customer support service (info@didacte.com). For obvious reasons, Didacte disclaims any and all liability in connection with promotional notices and other communications sent to you by third parties.

Intellectual property

Copyright and trademarks

As all Didacte applications are protected under the copyright laws and regulations of Canada, it is strictly forbidden to copy, reproduce, publish, or distribute, whether as a whole or in part, any content found on Didacte’s Website and/or applications. Didacte is the sole owner of the trademarks it uses in connection with the products and services it offers, whether it be names, graphics, logos, icons, drawings, designs, words, titles, or sentences. As all such trademarks are protected under relevant Canadian laws and regulations, you may not use either one of them without first obtaining Didacte’s explicit consent.

Copyrights owned by third parties

Didacte respects the intellectual property rights and interests owned by other parties, and requires that its Users do the same.

Each and every Instructor must make sure that the resources they broadcast or sell through the Didacte Platform either belong to them in full or are totally free of any rights belonging to other parties. Hence, Didacte expressly disclaims any and all liability in regards to the broadcast or sale of resources on which third parties could exercise any kind of rights.

Didacte commits to withdraw any content which violates the provisions of Canadian copyright laws or regulations or of any other statute or legislation which could find application. It also reserves the right to terminate the account of delinquent Instructors should particular circumstances warrant it.

Rights of use

It is strictly forbidden to reserve a Didacte domain name in view of a future use or in order to secure a resale or to solicit payments. Didacte domain names are assigned on a “first come, first served” basis. Didacte may at any time rename or terminate inactive accounts.

No purchase of training sessions through Didacte shall ever (i) entitle anyone to use the content for business or promotional purposes, or (ii) have the effect of transferring any copyright to Other Users.

License to use

Instructors are and remain the owners of the content they publish through the Didacte Platform. Didacte shall, at no time and in no circumstances whatsoever, copy, broadcast publicly, or transmit content without first having obtained the relevant Instructor’s explicit consent. Didactes shall never be held liable (and you shall never, in fact, attempt to hold it liable) for (i) any unauthorized download of content by an Other User to their personal computer, or (ii) any use of content (whether or not it was motivated by a business purpose) that may have caused you harm.

Enclosed documents

By using the “enclosed document” feature, you allow Other Users who have registered in training sessions you provide to access (and download on their personal computer) any attached document – provided that such access and/or download occur for personal reasons (as opposed to business purposes).

Text files, videos, images, tests, and PDFs

Instructors authorize Other Users who have registered to training sessions they provide to access all text files, videos, images, tests, and PDFs – provided that such access occurs for strictly personal reasons. They also allow Other Users who have registered to training sessions they provide to download on their personal computer a copy of the PDFs which have been cleared for download – once again, provided that such download occurs for strictly personal reasons.

Service providers

External websites

Didacte’s Website may contain links to other websites. Should you ever follow a link and access an external website, please keep in mind that any use you could make of such a website will be governed by the website’s own terms and conditions, and that Didacte shall at no time or in no circumstances whatsoever be held liable for the website’s content or the way it processes your data and/or information. From the outset, Didacte disclaims any and all liability in regards to losses or damages (actually or allegedly) incurred (whether directly or indirectly) because you accessed and/or used any of those external websites.

Didacte’s money-back guarantee

Should a problem ever present itself in the course of a transaction, Didacte’s money-back guarantee steps in and allows the Instructors and the Other Users to communicate efficiently in order to resolve the situation. In such a case, the Instructors allow Didacte to come to a final decision and agree to comply with the terms of the settlement.

Any refund owed to an Other User must come directly from the Instructor’s Didacte account. Whenever a refund intervenes within sixty (60) days of the issuance of the original invoice, the Didacte fees invoiced through the Didacte Platform are refunded in proportion to the amount reimbursed to the Other User. Once sixty (60) days have elapsed since the original invoice was issued, none of the Didacte fees are refunded.

In the event where you (as an administrator) elected to reimburse an Other User or had to reimburse an Other User or Didacte under the latter’s money-back guarantee, you hereby agree that Didacte will instruct Stripe to deduct the amount of the refund from your Stripe account, to add said amount to your invoice, or to otherwise perform the refund according to the payment method described in your user file. Should we find ourselves unable to obtain the refund from you, we shall collect any unpaid amount by any necessary means of recovery, and if need be by retaining the services of a collection agency.

If it comes to the conclusion that the parties misuse it or hinder the settlement process in any way, Didacte may, at any given time and without prior notice, withdraw its money-back guarantee in whole or in part.

Termination and restricted access

Didacte may, at any given time and without prior notice, terminate your access to the Didacte Platform in whole or in part. In fact, should you ever violate these General Terms of Use, the Privacy Policy, the Conditions of Sale, or any other rule or regulation published by Didacte, such access will be terminated immediately.

Didacte may close all accounts left unconfirmed as well as those which have been inactive for at least twelve (12) consecutive months. It may also modify its Website and the services it provides, or decide that it will no longer offer or operate them. In any event, it reserves the right, at its sole and absolute discretion and for any reason whatsoever, to refuse to provide services to any individual or entity or to terminate services it already provides.

Indemnification

You hereby agree to defend, indemnify, and hold harmless Didacte, its shareholders, officers, administrators, employees, and agents in regards to any demand or claim (including all reasonable attorney’s fees) submitted by a third party on account of the fact that you (i) violated these General Terms of Use or the Privacy Policy, (ii) acted wrongfully while using the Website or any service, application, or tool, or (iii) went against the law or violated the rights of any third party.

Limited liability

Although Didacte shall deploy all required efforts and measures in order to make sure that its applications are easily accessible to Users, you hereby recognize that it is bound by an obligation of means subject to the limits of what is considered “commercially reasonable”. Hence (and to the fullest extent permitted by law), you hereby commit not to attempt to hold Didacte, its administrators, officers, employees, and agents responsible for any loss or damages (including a loss of anticipated profit and related costs) you could incur (directly or indirectly) because (i) you used the Website, purchased services provided by Didacte, or relied on any information displayed on the Website, (ii) some User(s) was(were) unable to access or use the Website, (iii) any access to the Website was delayed or revoked, and (iv) the Website malfunctioned or functioned erratically, improperly, or inaccurately due to a lack of access, an unauthorized access, and/or a misappropriation of the information it contains by a third party.

Considering that the information displayed on the Website may contain technical inaccuracies, miscalculations, or typing errors, Didacte may in no circumstances whatsoever be held liable for such mistakes or for any delay, loss, or default of execution caused by any fact or event on which it cannot exercise any reasonable level of control, such as (without limitation) a power disruption, a hardware or software malfunction, an interruption of phone services, a loss of data, a shutdown of Internet connections, or the acts or omissions of third parties.

Didacte grants you a limited, voidable license of use of the Website for general purposes and/or in order to provide training sessions or undergo training sessions provided by other Instructors. We do NOT, however, guarantee in any way that access to the Website will at all times be secure and/or uninterrupted. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AT THE SOLE RISK OF THE USERS, WITHOUT ANY REPRESENTATION OR GUARANTEE OF ANY KIND (WHETHER EXPLICIT OR IMPLIED), INCLUDING (WITHOUT LIMITATION) WHEN IT COMES TO MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE. UNLESS SUCH IS PROHIBITED BY LAW, DIDACTE SHALL IN NO CIRCUMSTANCES WHATSOEVER BE HELD LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR FINANCIAL LOSS), WHETHER IT BE BASED ON A CONTRACTUAL OR NON-CONTRACTUAL THEORY OF LAW, RESULTING OR ARISING FROM ANY PUBLICATION, USE, OR RELIANCE ON INFORMATION CONTAINED ON THE WEBSITE OR ELSEWHERE. UNLESS SUCH IS PROHIBITED BY LAW, DIDACTE’S MAXIMUM LIABILITY WITH RESPECT TO ANY CONTRACTUAL OR NON-CONTRACTUAL CLAIM SHALL BE LIMITED TO THE HIGHEST OF (1) A HUNDRED DOLLARS (100 $), OR, IN THE CASE WHERE THE CLAIMANT IS ALSO AN INSTRUCTOR, (2) THE SUM OF ALL THE AMOUNTS THE INSTRUCTOR PAID TO DIDACTE THROUGHT THE YEAR WHICH PRECEDED THE FILING OF THE CLAIM.

Settlement of disputes

In the event where a dispute arose between Didacte and yourself, we shall spare no reasonable efforts in order to help you resolve it in an objective and cost-effective manner. For your part, you agree to resolve any claim, contentious issue, or equity matter stemming from the services, these General Terms of Use, the Privacy Policy, or the Terms of Sale (hereinafter, a “Claim”) by complying either with the procedure described below or with the settlement method the parties agreed upon in writing.

Any dispute, disagreement, or claim which might oppose Didacte and yourself shall (regardless of its subject matter) be entirely and exclusively governed by the laws and regulations of the province of Québec, as well as by the federal provisions which might find application. You hereby acknowledge that unless Didacte and yourself have explicitly agreed otherwise, only the civil courts ruling within the judicial district of Québec will be competent in hearing the dispute, disagreement, or claim. As a few jurisdictions do not allow for a contract (or a dispute arising from the interpretation or execution of said contract) to be governed by any specific court of law, this section might not apply to you.

Purchase requirements

Before purchasing a training session, the Other Users must read its descriptive sheet carefully and pay close attention to the guidelines provided by the Instructors.

General provisions

Modification

Didacte may amend, bonify, or otherwise modify these General Terms of Use and the Privacy Policy at any time.

Translation

Translation of these General Terms of Sale, of the Privacy Policy, or of any related documentation shall only be commissioned in order to comply with local requirements. Should any discrepancy, inconsistency, or contradiction arise between the English and French versions of the text, the latter shall prevail.

Business entity

Should you set up or use an account registered in the name of a business entity, you hereby represent and warrant that you are authorized to act on its behalf and to bind it with respect to these General Terms of Use and to the Privacy Policy. In any event, it is clearly understood that any such account will remain, at all times, the sole property (and under the exclusive control) of the business entity.

Miscellaneous concerns

In the event where any part of these General Terms of Use or of the Privacy Policy was declared invalid, illegal, or unenforceable, it shall either be considered non-existent or construed in a way that renders it valid, legal, or enforceable, without any other part of the text losing its meaning, authority, or binding effect. These General Terms of Use, combined with the Privacy Policy (as they may both be amended from time to time), contain the whole agreement concluded between Didacte and the Instructors with respect to its object and purpose. No General Term of Use may ever be modified unless Didacte elects to do so in writing. No Instructor may ever assign or otherwise transfer any of the rights, benefits, or obligations these General Terms of Use or the Privacy Policy bestow upon them.

Support

Should you experience any problem or wish to obtain additional information, please contact us by e-mail at info@didacte.com