These General Terms of Use (hereinafter the "GTU") govern our relationship with you, a person accessing SCHOOLAP, applicable during your use of SCHOOLAP and, if you are a Subscriber, until deactivation of your account. If you do not agree with the terms of the GTU, it is strongly recommended that you do not use our Platform and our services.
By browsing SCHOOLAP, if you are a Visitor, you acknowledge having read and accepted the entirety of these GTU and our Personal Data Protection Policy.
We encourage you to consult the "General Terms of Use and Personal Data Protection Policy" before your first use of our Platform and regularly when they are updated. We may indeed be required to modify these GTU. If modifications are made, we will inform you by email or via our Platform to allow you to examine the modifications before they take effect.
If you continue to use our Platform after the publication or sending of a notice regarding modifications made to these terms, this means that you accept the updates. The GTU that will be enforceable against you will be those in force during your use of SCHOOLAP.
Certain features (such as access to virtual classrooms, remote administrative management services) of SCHOOLAP require registration and obtaining an account. Before you can register on SCHOOLAP, you must have read and accepted these GTU and the Personal Data Protection Policy.
You declare that you have the capacity to accept these general terms of use, in particular being over 18 years old and not being subject to a legal protection measure for adults (placement under judicial supervision, guardianship or curatorship).
Before accessing our Platform, the consent of minors under 18 years old must be given by the holder of parental authority or a school authority for cases of minor learners registered within the framework of the partnership between the institution and Schoolap.
You can create an account in two ways:
On the occasion of creating your account, and regardless of the method chosen to do so, you undertake to provide true, accurate, complete personal information and to update it through your profile or by notifying Schoolap, in order to guarantee its relevance and accuracy throughout your relationship with Schoolap.
During email registration, you undertake to keep secret the password that you have chosen yourself during the creation of your account and not to communicate it to anyone. In case of loss or disclosure of your password, you undertake to inform Schoolap without delay. You are solely responsible for the use made of your account by a third party, as long as you have not expressly notified Schoolap of the loss, fraudulent use or disclosure of your password to a third party.
You undertake not to create or use, under your own identity or that of a third party, other accounts than the one initially created. You cannot authorize third parties to use your account. You cannot assign or, in any case, transfer your account to any other person or entity.
The information you provided during registration can be corrected during the registration process by returning to previous screens and correcting erroneous information. You agree to comply with applicable laws when using the services, and you can only use the services for legal purposes. The content present on SCHOOLAP must only be used for private use and respect ethics and decency.
When choosing your password, you must not use a simplistic password (for example: 123456). It is generally recommended that it contains at least 8 characters with special characters, uppercase and numbers.
The identifier and password will be strictly personal and confidential and you must keep and use them in a way that preserves their strict confidentiality.
The subscriber will be the only one authorized to access the Service using their identifier and password. Any use of SCHOOLAP by means of their identifiers and password is deemed to have been made by the Subscriber themselves. In case of use by a third party of their identifier and password, the Subscriber must immediately notify Schoolap by sending an email to the following address: communication@schoolap.com.
The subscriber who has lost their password must connect to the Schoolap site and follow the procedure by clicking on the "forgotten password" link.
The subscriber is responsible for the use of SCHOOLAP and all actions performed within SCHOOLAP with their identifier and password, except if the use of their account was made after their unsubscription, or after notification to Schoolap of abusive use of their account.
If you have not created a Subscriber account on our Platform, you can still access SCHOOLAP, consult some educational content and see certain general information about Schoolap but you will not be able to benefit from all features and you will not have a user account.
These GTU are enforceable against you as they govern the conditions of use of the Service, you must read and accept them before continuing your navigation on SCHOOLAP.
If you have created a user account, you can access SCHOOLAP and certain features of the Freemium Service. Following the creation of your account, you will be able to access your profile page where you fill in certain mentions that are mandatory and others that are optional.
You can access all available options but you will be limited to the package plan subscribed after the freemium period. Before using SCHOOLAP, you must carefully read these General Terms of Use.
Each person guarantees to Schoolap that the information they provide regarding their identity and contact details within the framework of the Service is true, accurate, complete and up to date. You are solely responsible for the sincerity and accuracy of this information. You undertake to regularly update all information in order to preserve their accuracy.
Schoolap cannot in any case be held responsible for errors, omissions, inaccuracies that may be found in the information that has been provided to it, nor for the prejudice that may result therefrom for other Users or for third parties.
You are responsible for all activity that takes place on your account, and you agree to preserve at all times the security and secrecy of your identifier and password.
3.1. Intellectual Property related to the Service, our Platform and their components
With the exception of courses and documents posted by Users and/or by Schoolap Partners, all technical, graphic, textual or other elements constituting the Service and/or our Platform (texts, graphics, software, multimedia files, photographs, images, videos, sounds, plans, graphic charter, technology(ies), source codes, names, brands, logos, visuals, databases, etc.) as well as our Platform and the Service themselves are the exclusive property of Schoolap.
The User acknowledges that no property is transferred to them, and that no right or license is granted to them, except for a right to use the Service in accordance with these terms during the duration of the Contract, and the rights to use the courses that are granted to them.
Consequently, except with express and prior authorization from Schoolap, the User undertakes not to:
Any unauthorized use of elements of the Service and/or our Platform engages the civil and/or criminal liability of its author and may result in legal proceedings against them.
3.2. Intellectual Property related to content published by the User within the Service
3.2.1.In return for the use of the Service, Subscribers grant Schoolap a worldwide, non-exclusive, transferable license that may give rise to the granting of a sub-license, conferring on Schoolap the right to copy, store, correct, adapt and distribute all content (including courses, documents, chat conversations, Projects and any other activity carried out by Subscribers within the Service) provided by the Subscriber within the Service. This license is granted as the relevant elements are published, solely for the proper functioning of the Service.
3.2.2.The aforementioned Subscribers guarantee that they have the intellectual property rights and personality rights (and in particular, the right to image) necessary for the publication of content (including courses) that they publish within the Service.
They also guarantee that the content they publish within the Service contains nothing that is contrary to third-party rights and applicable laws, and in particular to provisions relating to defamation, insult, privacy, right to image, attack on good morals or counterfeiting.
They thus guarantee Schoolap against any possible recourse from a third party regarding the publication of said content (including courses) within the Service.
Subscribers have the ability to access discussion spaces such as the forum or comments on lessons where they can consult discussion threads between Subscribers, and exchange with them on a given question.
You undertake not to disseminate private correspondence in public discussion spaces and must, for this purpose, use the private messaging service.
When a message is published, the user is obliged to respect in particular the provisions of the content of article 7.2 below and those of the "Code of Ethics".
Subscribers and Visitors can view other people's messages in public discussion spaces and report them, in accordance with article 5 below.
Any Subscriber or Visitor has the possibility to report to Schoolap any message or comment and more generally any content published within the Service that would be contrary to the Contract or otherwise illegal, and in particular outrageous, insulting, defamatory, abusive, violent, obscene or pornographic, or including incitement to discrimination or hatred based on race, religion, sex, or other, incitement to crimes and offenses, or apology for crime, or of a nature to infringe on intellectual property rights or personality rights of third parties, or still of a nature to alter the functioning of the Service and/or our Platform, in any way whatsoever.
To do this, you will need to contact Schoolap, either by email at: communication@schoolap.com, or using the form accessible within the Service by clicking on the "Contact Us" page, and proceed as follows:
We reserve the right to remove any illegal or non-compliant content that has been previously reported. Any manifestly abusive report may be sanctioned by Schoolap.
For more information on its obligations, you are invited to read the "Code of Ethics".
We pay particular attention to the protection of your personal data. Schoolap expressly invites the User to consult the Personal Data Protection Policy which is an integral part of these GTU.
Within the framework of using SCHOOLAP, we ask the user to commit to:
In case of failure to comply with any of these obligations, we reserve the right to temporarily or permanently suspend your User account.
Schoolap is an education platform. Everyone is invited to participate, by creating an account on Schoolap and respecting the basic rules of courtesy and current legislation.
Exchanges on Schoolap are moderated downstream, which means that no message will be reviewed before publication. Messages are therefore published immediately, but are subject to control by the moderation team and a censorship system set up in SCHOOLAP. The moderation team and administrators of our Platform can also control after publication.
The role of the moderation team and administrators is to ensure the proper functioning of forums, by excluding any message which, by their indecent character, offensive to persons, destructive or manifestly off-topic, harm exchanges. Moderators and administrators also exclude all messages contrary to current laws.
The following are thus subject to moderation or upstream censorship (non-exhaustive list):
In case of non-compliance with these rules and instructions, the Schoolap team will apply certain sanctions to the concerned Users. The highest sanction is banning and consists of completely blocking access to SCHOOLAP for a User.
With the exception of courses created by Subscribers - which must be subject to prior validation by Schoolap before being put online, information and content (messages, comments) published by Users within SCHOOLAP are not controlled upstream by Schoolap before their publication within SCHOOLAP. However, they will be subject to a posteriori control by Schoolap.
In our capacity as host of this information and/or content (excluding courses) put online by the User through our Platform, we are subject to the liability regime in accordance with our Privacy Policy and data management. We may, within this framework, remove the manifestly illegal Information and/or content that will be notified to us.
Schoolap will only be responsible for direct damage suffered by Users, which will be established as resulting from the non-execution of our obligations.
However, we cannot in any case be held responsible for:
We undertake to do everything possible to ensure the proper functioning of SCHOOLAP and its accessibility but we are only bound by a means obligation regarding the continuity of access to the Service. We cannot guarantee the sustainability or performance of SCHOOLAP.
In case of updating SCHOOLAP for a technical evolution, our Platform will be temporarily inaccessible.
Access to the Service may be interrupted for reasons including maintenance, updating and in case of emergency.
More generally, the interruption of the Service whatever the cause, duration or frequency, will not engage our responsibility and will not give rise to any compensation for the User.
Consequently, we cannot be held responsible for the loss of money, or reputation, nor for special, indirect or consequential damages resulting from the interruption of the Service. Similarly, we cannot be held responsible for any possible degradation of hardware, software or data (example: viral contamination) suffered by the User due to their use of the Service.
To avoid inconvenience as much as possible, you must ensure regular backup of your information, content and software.
You acknowledge using the Service, but a "bug" in our Platform may cause you to lose some of your data, alter it or expose it. However, we undertake to do everything possible to restore it as much as possible and to guarantee you access to SCHOOLAP as quickly as possible.
All Subscribers of our Platform have the right to access, modify or delete their account.
Your data will be archived while ensuring maximum security requirements by only being accessible to a limited number of people within our services. We may, if you wish, send you your student file.
Schoolap puts the platform at the service of the Partner, certifications, report cards, grade transcripts fall under the power of the Partner and not of Schoolap.
If the Partner is engaged with us but decides to stop, we will process their request according to what they have decided in the contract provisions. We will delete all your data within thirty (30) days, but in some cases, we should keep your file for the learner's journey.
If a user wishes to unsubscribe from our Platform, they can write to communication@schoolap.com to inform us. The account deletion request will result in the deletion of personal data from our databases. Unsubscription will result in the termination of the Contract. This termination will take effect within thirty (30) working days from the receipt of the unsubscription request by Schoolap.
If a registration request for our services is made by a minor without the prior consent of their legal guardian, we may block access to the Account until consent is obtained.
When we notice that a User, Subscriber or Visitor of SCHOOLAP does not comply with these GTU, we will contact them to warn them that a sanction may be taken against them, in particular the suspension of their account. The Code of Conduct set out in these GTU must be respected by everyone for the proper functioning of SCHOOLAP and good understanding between people.
If no solution can be found and the rules of good conduct are not respected, we will be obliged to deactivate the account for a temporary or permanent duration and we will contact them beforehand by email.
Neither party will be responsible to the other party for a delay in execution or non-execution due to the occurrence of an event outside the control of the parties that could not reasonably be foreseen when accepting the GTU and whose effects cannot be avoided by appropriate measures.
The case of force majeure suspends the obligations of the concerned party during the time when force majeure will apply if this event is temporary. However, the parties will endeavor to minimize its consequences as much as possible. Otherwise, if the impediment is permanent, the parties will be released from their obligations.
The GTU are subject to Congolese law. All difficulties relating to the validity, application or interpretation of the GTU will be submitted, in the absence of amicable agreement, to the competent jurisdiction, to which the Parties attribute territorial jurisdiction, regardless of the place of execution or the domicile of the defendant. This attribution of jurisdiction also applies in case of summary proceedings, plurality of defendants or third-party proceedings.
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