Terms and conditions of use
Version 3.0 09/11/2023
Article 1: Legal information
YOOLEARN 24 is a company with a capital of 500 euros registered in the Angers Trade Register and whose legal representative is Mr Stéphane Mbiandzi, President.
By using the Website, the Platform and its Services, the User accepts these Terms without reservation. Consequently, Users declare and acknowledge that they have read these General Terms and Conditions of Use.
Each User must refer to the most recent version of these conditions, available at the following address.
The legal notice contains all information relating to the processing of personal data.
Article 2. Definitions
Content: information, data, text, software, photographs, images, music, sound, video, messages or any other element placed online on the service.
Account: accessible space created by a natural person, who must be of legal age and capable (legal guardian), allowing him/herself or a minor student for whom he/she is the legal guardian to access the online Services for the amount of the courses or training paid for.
Personal space: space specific to an Account including, in particular, the Identifiers of the legal guardian and, where applicable, of the minor User registered by his/her legal representative, and whose registration is necessary to access certain features of the service, in particular the means of payment for courses and training and access to the online training space and its exchange tools.
Trainer: natural person who creates and shares his or her experience on the Platform.
Identifiers: Users’ personal and confidential identification data enabling authenticated access to their Personal Space on the Site.
Participant(s): natural person registered on the Platform with the aim of benefiting from a Trainer’s experience.
Platform: refers to the “YOOLEARN” Platform published by YOOLEARN 24 as well as all of the Content created including in particular: the graphic charter, frames, banners, flash and video animations, source code, html code and programming.
Services: all the functionalities offered online at www.yoolearn.co or through the mobile applications of YOOLEARN 24.
Site: means the Platform Internet Site available at the address www.yoolearn.co
User(s): natural or legal person who has an Account and who uses the Platform or all or part of the Services offered.
The purpose of YOOLEARN 24 is to facilitate the development of skills by sharing the acquired experience of everyone. The YOOLEARN Platform allows anyone to create, share their experience (Trainers) and/or benefit from the feedback of others (Participants).
The Platform and its Services are accessible to any User with internet access. YOOLEARN 24 reserves the right to create any features it deems useful.
Article 4. Accounts
4.1 Registration and creation of the Personal Area
The creation of an Account is required to access the vast majority of the Platform’s activities and services. With the exception of participation in Events, the creation of an Account is required to subscribe to Feedback, to submit Feedback or an Event for publication.
In order to create this personal Space, the person legally responsible for the Account undertakes to provide true, accurate and complete information, including a valid e-mail address. In addition, he/she undertakes not to create a false identity of such a nature as to mislead YOOLEARN 24 or third parties and not to usurp the identity of another person. He/she also undertakes to update his/her Account immediately in the event of any modification so that this information remains accurate and complete.
The minimum age required to create an Account is 18. Only Participants and Trainers meeting this condition will be able to use the Services. Minors under the age of 18 may be admitted to the Platform on the express and prior condition that they have obtained authorisation from their parents or the holder of parental authority, who will create their Account on their behalf. The fact that such minors are registered on the Platform by their legal representative implies that they have obtained such prior authorisation. YOOLEARN 24 reserves the right to carry out all verifications and to suspend the Account in the absence of proof. The publication of Feedback may be subject to the production of proof of identity.
In the event that the person responsible for the Account provides inaccurate, out-of-date, false, misleading, incomplete or misleading information, YOOLEARN 24 may, without notice or compensation, suspend the User’s Personal Space linked to this Account and temporarily or permanently deny the User access to all or part of the Platform.
4.2 Confidentiality and security of Identifiers
The person responsible for the Account has full responsibility for the Account, for any action or manipulation carried out in the said Account, including any Content or illicit behaviour, prejudicial to YOOLEARN 24 or to a third party and liable to legal proceedings. Similarly, any unauthorised use of the Account holder’s Identifiers by a third party and the consequences thereof are the sole responsibility of the Account holder. It is therefore the responsibility of the Account holder to keep his/her Identifiers safe, to ensure that they are kept confidential and not to communicate them to third parties. The Account holder must not misappropriate his/her Account, transfer his/her Account to a third party or use a third party’s Account. Any access, use of service and transmission of data made from the Personal Space will be deemed to have been made by the User to whom the space is attached.
In the event of suspicion of fraudulent use of the Account, loss or theft of identification elements, the person responsible for the Account must inform YOOLEARN 24 without delay, who will proceed with the cancellation and/or modification of the Identifiers concerned. YOOLEARN 24 reserves the right to request additional information from the User in order to verify that it is the owner of the Account.
4.3. Account deletion
The User may delete his Account at any time from his Personal Space.
In case of death of a User and provided that YOOLEARN 24 is informed, its Account will be deleted.
Article 5. Registration and access to offers
The publication by a Trainer of a Feedback on the Platform, automatically grants a license to YOOLEARN 24. YOOLEARN 24 authorizes itself to make this license available to the Participants in the form of a sub-license, in order to facilitate their access to the courses in video format whether it is a free or paid course.
The Participant agrees not to resell the Course in any manner whatsoever, not to share the Account information with a purchaser or to illegally download the Course and then share it on illegal download Sites.
YOOLEARN 24 grants Participants a limited, non-exclusive, non-transferable license to access and view the Content for which they have previously paid the required fees, solely for personal, non-commercial use via the Services. Any other use is strictly prohibited. The Participants agree not to reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works from, sublicense, or otherwise transfer or use any Course without first receiving express permission to do so from YOOLEARN 24, in writing and signed by an authorized representative of YOOLEARN 24.
Article 6. Payments, credits and refunds
The Trainer sets the price of its service according to its convenience and at the time of the creation of its offer on YOOLEARN. The applicable price for a course or an offer corresponds to the price indicated by the Trainer plus the commission fees. For each purchase made, YOOLEARN 24 charges the Participant a variable commission corresponding to the Services fees.
The Participant chooses the currency he/she wishes to use for his/her purchase(s) from his/her Personal Space. This currency will be displayed each time the customer logs on to his/her Account.
The Participant residing in a country that applies a use and sales tax, a tax on goods and Services or a value added tax to the sale to consumers, will be charged the said tax or taxes at the time of payment. YOOLEARN 24 is required to collect and remit such taxes to the relevant tax authorities. Depending on the country, the price indicated may include said taxes or additional taxes may be added at the time of payment.
6.2 Payment terms for Participants
The Participant agrees to pay the fees due for his/her purchases and authorizes YOOLEARN 24 to debit his/her bank card or to proceed with the payment by any other means of payment such as SEPA direct debit, direct debit or mobile wallet. YOOLEARN 24 works with third party payment processing partners in order to offer the Participant, in his/her country of origin, the most convenient payment methods and to guarantee the security of the payment information provided by the latter.
For any purchase, the Participant agrees not to use any invalid or unauthorised method of payment. If the payment process fails, but the Participant still has access to the offer for which it has registered, the Participant undertakes to pay the amount due within 30 days of notification by YOOLEARN 24.
6.3. Terms of payment for Trainers
YOOLEARN undertakes to pay the Trainer the amount corresponding to its service.
This sum will be exclusively deposited on the bank or mobile money Account that the Trainer will have communicated for this purpose.
6.4. Refunds and refund credits
YOOLEARN 24 reserves the right to refund Participants beyond the 30 day limit in the event of suspected or confirmed fraud on their Account. All Trainers agree that Participants have the right to receive refunds.
6.5. Paid offer
– Any cancellation by a Participant less than 24 hours before the event will not result in any refund of the participation fee;
– Any cancellation 24 hours before the event will result in a refund of 50% of the participation fee, excluding commission;
– Cancellations made 48 hours before the event will result in a refund of 75% of the participation fee, excluding commission;
– Cancellations made at least 72 hours before the event will result in a 100% refund of the participation fee.
– Commission fees will not be reimbursed.
Article 7. No right of withdrawal
The right of withdrawal does not apply to the purchase of video content. Users have no right of withdrawal under these Terms and Conditions.
Article 8. Obligations of the parties
8.1. Use of the Platform and/or its Services
The User undertakes, when using the Site and the Platform, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order. They alone are responsible for the information transmitted via the Platform. In this respect, YOOLEARN 24 shall not be held liable under any circumstances.
The User shall refrain from accessing and using the Services and from creating an Account for illegal purposes. The use of the Services and the behaviour of Users on our Platform must comply with local and national laws and regulations in force in their countries. It is the User’s responsibility to find out about the legislation in force in their country. Users are solely responsible for knowing and complying with the laws and regulations to which they are subject.
Participants may ask the Trainers questions via the Services and publish opinions and recommendations. However, they shall refrain from publishing and submitting any Content which they do not own.
Trainers may submit offers for publication on the Platform and communicate with Participants who have registered. In both cases, they must do so in strict compliance with the laws and rights of others. Similarly, they shall refrain from publishing an offer or any other Content that infringes local or national laws or regulations in force in their country. They are solely responsible for the Content they publish, their actions on the Platform and their consequences. Trainers must ensure that they understand all copyright restrictions before submitting an offer for publication on YOOLEARN 24. YOOLEARN 24 respects copyright and complies with copyright legislation.
In the event of an alert relating to inappropriate behaviour, illegal Content, infringement of copyright, intellectual property rights, image rights and any other reprehensible activity, YOOLEARN 24 reserves the right to remove the Content in question from its Platform.
8.2. Breach of provisions
In the event of a breach of any of the provisions of these Terms, YOOLEARN reserves the right to
– Suspend, delete or prevent access to the User’s Services without notice;
– Delete any Content related to the breach in whole or in part;
– Take all appropriate measures and take legal action;
– If necessary, notify the competent authorities, cooperate with them and provide them with all information useful for the investigation and repression of illegal or illicit activities.
The User agrees that YOOLEARN 24 shall not be liable to it or to any third party for the closure of its Account and the deletion of its Content, as well as its access to the Platform.
The User shall inform YOOLEARN 24 if a Trainer has published a Course or an offer which infringes copyright or trademark rights.
Article 9. Intellectual Property Rights
All Content published on this Platform are the property of their respective authors and/or assigns. By publishing Content, Participants and Trainers authorise YOOLEARN 24 to re-use and share them. However, this authorization granted to YOOLEARN 24 does not affect in any way the property rights attached to the Content of the authors whether they are Participants or Trainers.
By submitting or publishing Content on or through the Platforms, Participants and Trainers grant a worldwide, non-exclusive and royalty-free license to YOOLEARN 24 with a right to sublicense to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute the Content including the identity and image of the author, on any media or through any means of distribution known or hereafter devised. This includes, but is not limited to, making the Content available to other companies, businesses or individuals who partner with YOOLEARN 24 for the syndication, broadcast, distribution or publication of the Content on any other media, as well as the use of your Content for marketing purposes.
Consulting and downloading the Content does not transfer any intellectual property rights to it. This Content may only be used for strictly personal purposes. Any reproduction, collective use for any purpose whatsoever, any commercial use, or any provision to third parties of all or part of these training resources is strictly prohibited. Failure to comply with these conditions exposes the User/Visitor to legal action for infringement.
Participants and Trainers also waive all their rights of confidentiality, publicity or any other right of a similar nature applicable to all such uses, to the extent permitted by applicable law. They represent and warrant that they have all right, power and authority necessary to authorize YOOLEARN 24 to use any Content they submit. They further agree that they will not receive any compensation for the aforementioned uses of their Content.
Article 10. Liability
10.1. Liability relating to the Platform
YOOLEARN 24 is not bound by any obligation to pre-screen, to control, to modify or the information published. YOOLEARN 24 shall not be liable for the choices made by Users.
YOOLEARN 24 does not exercise any editorial control over the offers which are available on the Platform and, as such, does not guarantee in any way whatsoever the seriousness, validity, accuracy or veracity of the Content. The User who registers for an offer commits himself/herself on the basis of the information provided by the Trainer and accepts the risks attached thereto.
YOOLEARN 24 cannot be held responsible for Content published by Trainers on any medium or Platform whatsoever, and gives no guarantee, express or implied, in this respect.
Users are solely responsible for their use of the Platform and the direct or indirect consequences of such use. It is their responsibility to use the Platform in accordance with the regulations in force and the recommendations of the C.N.I.L. where applicable.
YOOLEARN 24 has no knowledge of all Content, exchanges and opinions placed online by Users within the framework of the Services, but may carry out moderation, selection, verification or control if necessary.
10.2. Liability relating to the Services
In the context of the use of the Services, the User may be exposed to Content that it considers offensive, obscene or shocking. YOOLEARN 24 declines all responsibility as to the protection of the User from this type of Content. Similarly, YOOLEARN 24 is not responsible for the access or registration to any offer. This also applies to all offers relating to health, well-being and physical activity. The User acknowledges the risks and dangers inherent in the intense nature of these types of offers and by registering agrees to voluntarily assume these risks, including the risk of illness, bodily injury, disability or death.
The User is solely responsible for his/her choices before, during and after registering for an offer.
The User must be vigilant when communicating with a Participant or a Trainer, in particular regarding the disclosure of his/her personal information. YOOLEARN 24 limits the personal data that Trainers may request from Participants. However, YOOLEARN 24 disclaims any responsibility for the control of information that Participants and Trainers obtain from Users on the Platform. As a security measure, Users must exercise discretion in the communication of their personal data by avoiding sharing their e-mail addresses or any other sensitive information concerning them.
The User acknowledges that its use of the Services is at its own risk.
YOOLEARN 24 does not have any working relationship with the Trainers who are not its employees. Therefore, YOOLEARN 24 is not responsible for any interaction between the Trainers and the Participants, for any disputes, claims, losses, injuries or damages whatsoever which may result from the conduct of the Trainers or the Participants.
As part of the use of our Services, you may be presented with links to other Websites which are not owned by YOOLEARN 24 and over which YOOLEARN 24 has no control. YOOLEARN 24 is not responsible for the Content or any other aspect of these third party Sites, including the collection of data about them. You should also read their terms and conditions and privacy policies.
Article 11. Rights of YOOLEARN
All rights, titles and interests relating to the YOOLEARN 24 Platform and Services, including our Website, our current or future applications, our databases, and the Content that our employees or partners submit or provide through our Services with the exception of the Content provided by the Trainers and the Participants, are and will remain the exclusive property of YOOLEARN 24 and its licensors. The User who wishes to access or use the Platform and the YOOLEARN 24 Services shall refrain from :
– disabling, disrupting or attempting to circumvent any security related functionality of the Platforms, or examining, analyzing or testing the vulnerability of any of our systems.
– copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of our Content on the YOOLEARN 24 Platform and Services.
– access, attempt to access or search our Platform by any means (automated or otherwise) other than using our search features currently made available via our Website, our mobile applications. The User shall refrain from using a crawling, scraping or other robot, or any other automated means to access the Services.
– in any way use the Services to send altered, misleading or false information identifying the source, as is the case, for example, of the sending of emails giving the impression that they come from YOOLEARN 24 ; or hinder/attempt to hinder, disrupt/attempt to disrupt access to any User, host or network, including, without limitation, sending a virus or conducting mail saturation, flooding, spraying or bombardment attacks against the platforms or Services, or in any other manner disrupting or creating an excessive load on the Services.
Article 12. Special provisions
The User agrees that by registering and accessing or using our Services, it agrees to be bound to YOOLEARN 24 by a legally binding contract. Registration and access to the Services is subject to acceptance of these Terms.
The Trainer who accepts these Terms and using our Services on behalf of a company, a business, a government or any other legal entity, must justify his mandate to do so.
Any version of these Terms published in a language other than French is provided for convenience only. However, the User accepts that in the event of a dispute the French language will be used.
Article 13. Nullity
If one or more provisions of these Terms and Conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the provision(s) concerned will be replaced by applicable provisions whose intention is as close as possible to the initial provision, and the other provisions of these Terms and Conditions will retain all their force and scope.
Article 14. No waiver
The fact that YOOLEARN 24 does not avail itself of a default or breach by the User of any of its contractual or legal obligations shall not be construed as a waiver of its right to avail itself of such default or breach. However, depending on the case, YOOLEARN 24 may choose to waive certain rights that it holds in a specific situation, however this waiver will only be valid in the specific case, said waiver cannot be perceived as general and even less constitute a provision for the future.
Article 15. Disclaimer of liability
The Site may contain hyperlinks to third-party functions or websites or third-party applications. The images and comments appearing on the Site may also include links to third-party applications. The Platform also includes third party Content that YOOLEARN 24 does not control, manage or endorse. YOOLEARN 24 disclaims any responsibility for third party Content published on the Platform.
YOOLEARN 24 shall not be held responsible for the use made of the service by the Users. In particular, YOOLEARN 24 cannot, in any way, be held responsible for Content posted, uploaded, sent, received or transmitted by Users or present on third party Sites. Similarly, YOOLEARN 24 does not provide any express or implied warranty, without this list being limitative, relating to the continuity, performance and sustainability of the Services.
YOOLEARN 24 is not liable for any misleading statements or declarations that may be provided by the Trainers.
The service is provided to the User “as is” and is accessible without any guarantee of availability and regularity. YOOLEARN 24 will endeavour to make the Services accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the control of YOOLEARN 24 and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the internet network or acts of malice or any damage caused to the hardware or software of YOOLEARN 24. YOOLEARN 24 shall in no event be liable for any interruption of service regardless of the cause, duration or frequency of such interruption. In these circumstances and in all other situations beyond the control of YOOLEARN 24, its capacities and its power of action, the User declares to waive any recourse against the Platform.
YOOLEARN 24 may decide at any time and for any reason whatsoever to suspend the availability of certain features of the Services. In no event shall YOOLEARN 24 or its suppliers, partners or agents be liable for any damages due to such interruptions or unavailability of such features.
YOOLEARN 24 is not responsible for delays or failures in the performance of any of our Services due to events beyond its control, such as an act of war, hostility or sabotage; a natural disaster; failure of electrical, Internet or telecommunications networks and government restrictions.
Correspondence and commercial transactions with third parties found through the Site are only binding on the User and the third parties.
Article 16. Force majeure
Any event beyond the control of YOOLEARN 24 and against which it could not reasonably guard constitutes a case of force majeure and suspends as such the obligations of the parties, such as for example without this list being exhaustive: a strike or technical failure (telecommunications operators, Internet access providers or hosting etc. …), a stoppage of energy supply such as electricity, a failure of the electronic communication network on which YOOLEARN 24 depends and / or networks that would replace it.
YOOLEARN 24 shall not be held responsible, or considered to have failed in its obligations under these Terms, for any non-performance related to a case of force majeure as defined by French law and jurisprudence.
Article 17. Applicable law – Jurisdiction
These GCU are governed and interpreted in accordance with French law.
In the event of a dispute arising from the interpretation and/or performance of these Terms or in connection with these Terms, the parties undertake to make every effort to resolve amicably any disputes to which these Terms may give rise.
Thus, in the event of a dispute between a User and YOOLEARN 24, the parties agree to negotiate an amicable settlement of the dispute. If the parties do not manage to settle the dispute after at least thirty (30) working days of negotiation, the dispute will be brought before the judicial court of the jurisdiction of the registered office of YOOLEARN 24.
Article 18. Agreement of proof
The parties agree that all computer recordings made by the software applications of the e-Learning Platform will have, in the event of a dispute, the value of proof.
Article 19. Relationship between the User and YOOLEARN
Both parties agree that no relationship of joint venture, partnership, employment, subcontracting or legal representation exists between them.
Article 20 Updates to the Conditions
These Terms may be updated in order to clarify the practices of YOOLEARN 24 or to incorporate new or different practices. YOOLEARN 24 reserves the right to revise or modify these Terms at any time and at its sole discretion. Users will be informed of changes made in a clear manner, including via notifications sent to the email address specified in your Account or via a notice published on our Services. Unless otherwise indicated, any modification takes effect on the day of its publication.
Use of the Services after the updated Terms come into effect constitutes acceptance of the changes. The revised version of these Terms will replace all previous versions of these Terms and will also be accessible on the Site.
Article 21. Useful contacts
Finally, in the event of an incident in accessing the Services, a concern or any questions, a dedicated address is available at firstname.lastname@example.org. The User may also contact YOOLEARN 24 by telephone at +33650462316.