TERMS AND CONDITIONS FOR THE USE AND SALE OF EDOKI ACADEMY SERVICES EFFECTIVE ON September 1st 2018
The Company EDOKI ACADEMY (hereinafter "EDOKI ACADEMY") wishes to offer Users access to and use of its Website, Subdomain, and Educational Applications and their Contents according to the conditions below.
The following words and expressions beginning with a capital letter, in the singular or the plural, are used in these General Conditions. They have the following meanings:
"EDOKI ACADEMY": Refers to the Company whose legal information appears in the article 3.1
"Site": The website www.montessori.edokiacademy.com, which is published by EDOKI ACADEMY.
"Sub Domain": The Subdomain https://montessori.edokiacademy.com of the Site.
"Applications": EDOKI ACADEMY smartphone and tablet applications which are accessible to Users on Android and Apple iOS Mobile Operating Systems and allow access to Content following these Terms and Conditions.
"Service": The Content whose terms of access are described in the TOS and governed by the GCS with regard to paid Content.
"Contents": Free or paid educational games that are accessible from an Application after download or from the Subdomain.
"Montessori Kindergarten": Service subject to a Subscription.
"Subscription": The Montessori Kindergarten Service whose access terms are subject to a paid subscription.
"Edoki Account": refers to a User’s individual account, which is universal to all their Terminals and all EDOKI ACADEMY Services. It allows Users to access their personal information from the Site and create profiles for their children to track progress on each application’s dashboard.
"Account": means the individual account opened by a User with Apple, Google or Amazon, allowing them to access the services of a Store and use Secure Payment Solutions.
"Dashboard": The Subdomain and most Applications provide Users with a dashboard that allows them to track their children’s progress with the Content in the Applications.
"Secure Payment Solution": Set of payment tools made available on the Applications via the payment service of the Mobile Operating System on which the Terminal works (Apple iOS or Android). It allows the User to pay for the Contents in accordance with the terms and conditions of said platforms.
"Stores": The App Store for iOS or Google Play and Amazon Appstore for Android. Application Stores where Users can download Apps and purchase Services by logging in to their Account.
"Mobile operating system": Operating system for smartphones or tablets published by Apple Companies (Apple iOS) or Google (Android).
"Terminal" : Computer, smartphone or tablet on which the User installs and uses an Application.
"User": Any natural person navigating the Site, the Subdomain or using an Application.
"Terms of Service" (hereinafter "TOS"): Establish the conditions of access and use of the Site, Subdomain and Applications.
"General Conditions of Sale" (hereinafter "GCS"): Determine the conditions applicable to the paid Content.
"General Terms and Conditions": Designate the TOS (Section 1), GCS (Section 2) and the stipulations common to the T & Cs (Section 3).
PURPOSE AND SCOPE
The purpose of these General Terms and Conditions is to define the conditions under which EDOKI ACADEMY puts its Site, Sub-Domain and Applications at Users' disposal as well as the reciprocal rights and obligations of each party within the framework of the use of a Service, the purchase of a Service or the Subscription to a paid Service.
Any navigation on the Site, the Subdomain or access to an Application is subject to compliance with these Terms and implies the User’s full and unreserved acceptance of these Terms.
Accordingly, the User accepts, without reservation, these Terms in their entirety before using the Site, the Subdomain or an Application.
The simple act of navigating the Site, the Subdomain, an Application or the use of the Service before even ordering paid Content automatically implies the User’s acceptance of these Terms.
The User agrees to read the GCS before placing an order. The act of placing an order implies the User’s immediate, complete and unreserved acceptance of the GCS.
These General Conditions are available at any time on the Site, the Subdomain and in the "Settings" page of the Applications.
SECTION 1: TOS
ARTICLE 1.1 - DESCRIPTION OF SERVICES
EDOKI ACADEMY provides Services with the objective of offering autonomy to the child who uses the Content.
All Contents are educational games inspired by Montessori pedagogy.
The Services are available in multiple languages and may contain tutorials and oral instructions that guide non-readers.
All the Services offered by EDOKI ACADEMY are presented on the Site.
The User can take note of all the Applications produced by EDOKI ACADEMY and may download them from a Store under the conditions provided by the GCS, from the Site. They can also access the Subdomain of the Site where all the Contents of the Montessori Kindergarten Application are presented.
The User is required to supervise a minor child who uses the Services.
The Dashboard in most Applications gives the User the ability to track a child’s progress while using the Application’s Content. If the User wishes to follow several children’s progressions, they must create an Edoki Account.
ARTICLE 1.2 - ACCESS TO SERVICES
1.2.1 Access to Application Content
The User must download an Application to their Terminal to access its Content.
Downloading an Application may be free or paid and may also include in-app purchases to access all Content. When Content is paid, the User must comply with the conditions provided by the GCS.
When the User accesses free Content, some features will not be accessible.
When accessing the Contents of an Application, whether free or paid, the creation of an Edoki Account is always optional.
1.2.2 Access to Montessori Kindergarten Content
Access to Montessori Kindergarten Content requires a paid Subscription under the conditions provided in the GCS. They are accessible from the Montessori Kindergarten Application, which must be installed on a Terminal.
New Content is added to Montessori Kindergarten on a regular basis.
A User who has an Account and a Subscription can also access Montessori materials from the Subdomain.
EDOKI ACADEMY may offer the User free access to a portion of the Montessori Kindergarten Content from the Application or the Subdomain without opening an Account and without a Subscription.
EDOKI ACADEMY may also offer a Subscription to a free trial period that allows the User to access all the Montessori Kindergarten Content of the Application free of charge for a fixed period of time. The Subscription will then become paid the day after the free trial period expires.
The creation of an Edoki Account is only required if the User subscribes to the Montessori Kindergarten Service from the Subdomain. If the Subscription is made from the Application, the creation of an Edoki Account is optional.
ARTICLE 1.3 - EDOKI ACCOUNT
1.3.1 General Prerequisites
To create an Edoki Account, the primary User must meet the following criteria:
Be at least eighteen (18) years of age and not be incapacitated;
Have an acceptable Internet connection or access to their telephone operator’s 3G or higher network;
Have a recent and up-to-date Mobile Operating System, if you create your Account from an Application.
Should the User fail to meet these prerequisites, they will be informed that they may not be able to use all or part of the Service.
Should the User make a false declaration, they acknowledge that EDOKI ACADEMY will refuse access to the Service.
1.3.2 How to open an Edoki Account
184.108.40.206 From an Application
To access the Contents of an Application, the creation of an Edoki Account is optional.
If the User wants to create one, they must click the icon at the top left of the screen. They will have to solve an equation or enter their year of birth to show that they are at least eighteen (18) years of age.
Next, they will either click on "create an account" or "register", depending on the application. The User is then redirected to a form where they provide a valid email address and choose a password.
220.127.116.11 From the Subdomain
In order to subscribe to the Montessori Kindergarten Service from the Subdomain under the conditions provided in the GCS, the User must first create an Edoki Account by clicking on "Subscribe" and provide a valid email address and password.
The creation of the Edoki Account is concurrent with a Subscription.
1.3.3 Responsibility of the User
The User agrees to ensure the confidentiality and security of their username and password.
They are solely responsible for how their Edoki Account is used as well as their username and password. Should they be modified, the User will update them without delay on the Site, by clicking on "parental monitoring".
It is forbidden to impersonate a third party.
1.3.4 Advantages of an Edoki Account
18.104.22.168 Monitoring children’s progress on the Dashboard
From their Edoki Account, the User can create profiles for each of their minor children (within the limit of one hundred profiles for the Montessori Kindergarten Service and in the limit of forty profiles for Applications when they allow access to the Dashboard) to track their progress while using the Application’s Content from the Dashboard.
They must click on "add a child" and indicate the name or nickname of the child. It is strongly recommended that Users choose a nickname for each child. EDOKI ACADEMY Services also offer an opportunity to teach the child about protecting their personal data.
In the absence of an Edoki Account, Users can only follow a single child’s progression.
The User is required to supervise the minor child who will access the Contents of the Services.
22.214.171.124 Access to the Montessori Kindergarten Subscription from Multiple Terminals
A User with a Subscription to the Montessori Kindergarten Service who wishes to access the Content from different Terminals, which may or may not work with the same Mobile Operating System, must create an Edoki Account.
When connected to an Edoki Account, the User’s Subscription will automatically be recognized. The User will be able to access all of the Content on up to seven different Terminals on which the Application has been downloaded.
1.3.5 Deletion of an Edoki Account
A User who wants to delete their Edoki Account should send a written request to: email@example.com
The deletion of the User's Edoki Account is automatic and irreversible.
SECTION 2: GCS
CONDITIONS OF SALE ARTICLE 2.1 - PREREQUISITES TO USE A STORE’S SECURE PAYMENT SOLUTIONS
To pay to download an Application, make purchases to be integrated into an Application, or to purchase a Subscription from a Store, the User must use the Secure Payment Solution offered by the Store by logging in to their Account. To do this, the User acknowledges and agrees that they must first accept the publisher of the Secure Payment Solution’s terms and conditions and other requirements.
They can be viewed by following these links:
- for the App Store: https://www.apple.com/legal/internet-services/itunes/en/terms.html
- for Google Play: https://play.google.com/intl/en_us/about /play-terms.html
- for the Amazon Appstore: https://www.amazon.com/gp/help/customer/display.html?nodeId=201485660&_encoding=UTF8&ref_=mas_help_legacy_legal_doc_page
Should the User fail to comply with the publisher of the Secure Payment Solution’s terms and conditions, they acknowledge and agree that they can not order the Service or that the Service ordered is automatically canceled. The User will not receive any compensation for this.
ARTICLE 2.2- PRICES AND PAYMENT TERMS
The prices of the Applications are indicated in the Stores and the prices of the Subscriptions are indicated in the Stores, the Montessori Kindergarten Application and on the Subdomain. They are indicated in the currency of the country or store from which the user is connecting. If the User is in France, prices are indicated in Euros, all taxes included, at the legal VAT rate in effect.
EDOKI ACADEMY reserves the right to change prices at any time. The prices applicable to an order are those in effect at the time that the User confirms the order.
2.2.1 Paid applications (excluding the Montessori Kindergarten Application)
In accordance with article 1.2.1 of the TOS, the User must download the Application on a Terminal to access its Content.
The download of the Application may be paid or free and may contain in-app purchases to access all Content. This information is specified in the Store before purchase.
The User pays for the Application and/or its Contents only via the Secure Payment Solution offered by the Store under the conditions set out in article 2.1.
2.2.2 Subscription to the Montessori Kindergarten Service
The User may subscribe to the Montessori Kindergarten Service from the Subdomain or from the Application.
126.96.36.199 Characteristics of the Subscription
Subscriptions last for a fixed period of time. They are renewable for the same duration, unless the User cancels the Subscription before the due date or deactivates the automatic renewal of the Subscription under the conditions in Article 2.3.
In the event that the Subscription would be accompanied by a free trial period, the User’s Subscription will become paid only the day after the expiry of the free trial period. If the User wishes to terminate the free trial period, they must terminate their Subscription 24 hours before the end of the free trial period under the conditions in article 2.3.
188.8.131.52 Subscription to the Montessori Kindergarten Application
The Application is free to download, and in accordance with articles 1.2.2 and and 184.108.40.206 of the TOS, the User does not have to open an Edoki Account to subscribe to the Service and access the Contents of the Application.
To get a Subscription to the Montessori Kindergarten Application downloaded on a Terminal, the User must solve an equation to certify that they are of legal majority. They must then choose the duration of their Subscription from the subscription periods offered and confirm the purchase.
The User pays for the Subscription via the Secure Payment Solution offered by the Store after logging in to their Account under the conditions in Article 2.1.
The user will be charged for the first subscription period immediately after they subscribe to the Service. The User will then be charged at each renewal period through the Store’s Secure Payment Solution unless the Subscription is terminated under the conditions in Article 2.3.
220.127.116.11 Subscription from the Subdomain
In accordance with articles 1.2.2 and 18.104.22.168 of the TOS, the User must open an Edoki Account to subscribe from the Subdomain.
After providing a valid email address and a password, the User must choose the duration of their Subscription from the options offered. Then, they must provide their credit card information in order to proceed to payment via Stripe, which is a third-party payment solution.
The payment for the first period of the Subscription will go through on the day the User subscribes to the Service. The User will be charged at each renewal period unless the Subscription is terminated under the conditions provided in article 2.3.
The User can access invoices related to their Subscription, manage their Subscription or update their credit card information by connecting their Edoki Account from the Subdomain.
ARTICLE 2.3 - TERMINATING AND MODIFYING A SUBSCRIPTION TO THE MONTESSORI KINDERGARTEN SERVICE
2.3.1 Terminating or modifying a subscription made from a store
The subscription is automatically renewed unless it is canceled from the store at least 24 hours before the end of the current subscription period.
In addition, the renewal of a subscription made from a store will be billed 24 hours before the end of the current period.
To disable the automatic renewal, terminate, or modify a Subscription the User must refer to the conditions applicable by the Store and can find the information here:
- For Apple: https://support.apple.com/en-en/ht202039
- For Google: https://support.google.com/googleplay/answer/7018481?hl=en&co=GENIE.Platform%3DAndroid
- For Amazon: https://www.amazon.com/gp/help/customer/display.html?nodeId=201357590
The User also has the option of changing the duration of their Subscription by choosing another type of Subscription from the store.
2.3.2 Terminating or modifying a subscription via the Subdomain
When the User subscribes via the Subdomain, the renewal will be billed 24 hours before the end of the current period.
To cancel the automatic renewal of a Subscription, the User must connect to their Edoki Account from the Subdomain, click on "Payment History" and then "Cancel my subscription". The cancellation request must be made at least 24 hours before the end of the current period.
The User can also modify the duration of a Subscription by choosing another type of subscription from their Edoki Account on the Subdomain.
ARTICLE 2.4 - ABSENCE OF RIGHT OF WITHDRAWAL
In accordance with article L 221-28 of the French Consumer Code, the right of withdrawal can not be exercised for contracts for the supply of digital content not provided on a material support of which the execution began after the express prior consent of the consumer and express waiver to their right of withdrawal.
The User is informed and acknowledges that by subscribing to a Service provided by EDOKI ACADEMY, subject to the provisions provided by the Stores where applicable:
Access to the Content of a Service within a period of less than the deadline of legal withdrawal which is fourteen (14) days from receipt of payment, and
When they confirm their order, the User acknowledges expressly to waive the right of withdrawal.
Therefore, the User acknowledges and expressly accepts no right of withdrawal.
SECTION 3: COMMON PROVISIONS
ARTICLE 3.1 - LEGAL INFORMATION
The Sites, the Subdomain and the EDOKI ACADEMY Applications are published by:
EDOKI ACADEMY, a simplified joint-stock company with a share capital of 1,073,779 euros, registered in the Paris Trade Register under number B 751 962 796
VAT no.: FR 43751962796
Headquartered at Edoki Academy 10 Rue de Penthièvre 75008 Paris (France) and whose principal place of business is Edoki Academy 10 Rue de Penthièvre 75008 Paris (France)
Telephone : +33 (0) 6 61 57 37 92
Publication Director: Ms Valérie Touze
ARTICLE 3.2 - Access to the Site, Sub-Domain and Applications
EDOKI ACADEMY strives to provide access to the Site, Subdomain and Applications 24 hours a day, 7 days a week, except in cases of force majeure and subject to possible breakdowns and maintenance required for their proper functioning.
EDOKI ACADEMY reserves the right to modify, temporarily or permanently interrupt all or part of the Site, Subdomain or Application, at any time.
EDOKI ACADEMY assumes no responsibility in the case of impossibility of access to the Site, the Subdomain or to an Application.
Access to the Site, Subdomain and Applications implies the User’s knowledge and acceptance of the characteristics and limits of the Internet, particularly with regard to technical performance, response times, data collection, risks of interruption, and more generally, risks inherent to any connection and transmission over the Internet, the lack of protection of certain data against possible diversions and the risk of contamination by possible viruses circulating on the network.
ARTICLE 3.3 - RESPONSIBILITY
3.3.1 The User’s Responsibility
The User guarantees that the personal information on the Services is accurate and up-to-date.
The User agrees to keep their login information secret and to choose a password known only to them and impossible to guess by anyone who knows them.
The User agrees to use the Site, Subdomains and Applications in strict compliance with the laws and regulations in effect.
The User agrees not to transmit any information or data that is defamatory, abusive, obscene, violent or inciting violence, sexist, political, racist or xenophobic and in general, any text that would be contrary to the laws and regulations in effect in France, basic human rights and morality.
The User accepts that they will be will be solely and exclusively responsible for the consequences should they fail to comply with all or part of the legislation and regulations in effect, or the rights of third parties.
The User is solely responsible for how they use the Site, Subdomain and Applications, and the consequences of this use.
In the event that the User breaches any of the obligations imposed on them by these General Conditions or the laws and regulations, EDOKI ACADEMY reserves the right to suspend their Edoki Account without notice or compensation, on a temporary or definitive basis. The User may not claim any refund or indemnity.
3.3.2 EDOKI ACADEMY’S Responsibility
EDOKI ACADEMY can not be held responsible for any direct or indirect damage resulting from an interruption, a malfunction, a suspension of the Site, the Subdomain or any Application for any reason whatsoever, or any direct or indirect damage that would result, in any way, from a connection to the Site, the Subdomain, an Application or how the User uses the data that they consult and/or transfer on the Internet.
The data published on the Site and Services come from sources considered reliable, however they are likely to contain typographical errors. EDOKI ACADEMY reserves the right to correct them as soon as it becomes aware of them.
The User is therefore solely responsible for how they use the data published on the Site and Services.
It is the responsibility of the User to take all appropriate measures to protect the data and/or software stored on their computer equipment against any type of attack, including those of exogenous origin. Any person’s connection to the Site and Services is under their full responsibility.
It is reminded that the User agrees to keep their identifiers secret and to choose a password that can not be guessed by anyone who knows them. Accordingly, the User acknowledges and agrees that EDOKI ACADEMY can not in any way be responsible for the direct or indirect consequences of the loss, theft or disclosure to a third party, in any way, of the User's login details. It would be a result of their own wrongdoing.
If the user notices an issue with a paid service, they should notify EDOKI ACADEMY by email. EDOKI ACADEMY will provide an answer to the User as soon as possible.
Any failure or damage reported to EDOKI ACADEMY must be proven by the User by any means deemed necessary.
ARTICLE 3.4 - INTELLECTUAL PROPERTY
This article applies without prejudice to the rules set forth by the Mobile Operating System publisher.
All the elements composing the Site, the Subdomain and the Applications are the property of EDOKI ACADEMY.
These General Terms and Conditions do not grant the User any rights of ownership over the elements of the Website, the Subdomain or the Applications that are made available for the purposes of the Services.
No component of the Site, the Sub-Domain or an Application may be represented, reproduced, altered, in any manner whatsoever, in any medium whatsoever, in part or in whole, without the prior written permission of EDOKI ACADEMY.
The User is informed that any breach of this article constitutes an act of counterfeiting punishable by article L 335-2 in the French Intellectual Property Code, and that any offender is subject to both civil and criminal prosecution.
The Site or Subdomain may contain hyperlinks to third party Sites over which EDOKI ACADEMY has no control. It can not, therefore, be held responsible for the unavailability of these sites and/or their content.
ARTICLE 3.5 - PERSONAL DATA
Personal data is subject to a confidentiality charter that is accepted by the User in addition to the acceptance of these Terms and Conditions prior to the use of a Service.
ARTICLE 3.6 - FORCE MAJEURE
Neither EDOKI ACADEMY, nor the User will be responsible for any damage directly related to a case of force majeure as stipulated by French legislation and jurisprudence, as well as in case of interruption, suspension, reduction or interruption of electricity or telecommunication networks.
The defaulting party following a case of force majeure informs the other party without delay and does everything possible to limit the consequences.
ARTICLE 3.7 - MODIFICATION OR TERMINATION OF TERMS AND CONDITIONS, SUSPENSION OR FINAL STOP OF SERVICE
The User acknowledges and expressly agrees that EDOKI ACADEMY may, at any time, make unilateral changes to these Terms and Conditions as well as suspend or stop a Service. The User will be informed of any modifications to the General Conditions and of any suspension or stoppage of a Service, by any means at the convenience of EDOKI ACADEMY.
Should EDOKI ACADEMY modify the present General Conditions, the applicable General Conditions are those which were in effect when the User ordered the paid Service.
The User acknowledges and accepts that the refusal of the modifications entails the immediate renunciation to the use of the concerned Service.
In the event of the definitive termination of a Service, these General Conditions may be terminated automatically by EDOKI ACADEMY, without any compensation of any kind for the User.
ARTICLE 3.8 - ASSIGNMENT OF TOS
The User acknowledges and agrees that EDOKI ACADEMY may, at any time, freely transfer to any third party of its choice, in whatever form, its rights and obligations arising from these Terms and Conditions. The User will be informed of this transfer, by any means at the convenience of EDOKI ACADEMY.
In case of assignment, the User acknowledges and agrees that EDOKI ACADEMY will be immediately and completely released from its obligations.
The User acknowledges and agrees that the opposition to this assignment leads to the immediate renunciation of the use of the Service concerned.
Unless expressly agreed otherwise by EDOKI ACADEMY, the User acknowledges and agrees that they may not assign any third party, in any form whatsoever, the benefit of these General Terms and Conditions.
ARTICLE 3.9 - DIVISIBILITY
If any of the articles in these General Terms and Conditions prove void or unenforceable by virtue of a law or regulation or following a court decision, the other articles will retain their full force and effect.
ARTICLE 3.10 - WAIVER
The fact that EDOKI ACADEMY does not to avail itself of one or more provisions of these General Terms & Conditions does not imply a waiver of all of the said General Terms & Conditions.
ARTICLE 3.11 - SETTLEMENT OF DISPUTES
When a dispute arises between the User and EDOKI ACADEMY, the Parties undertake to attempt to find an amicable solution. To do this, the User must address their complaint by registered letter with acknowledgment of receipt.
In accordance with the provisions of the Consumer Code, in the event of a failure to resolve the dispute amicably, the User may contact the mediator to which EDOKI ACADEMY adheres, namely MEDICYS, at 73 boulevard de Clichy - 75009 PARIS (https://conso.medicys.fr/), free of charge.
In accordance with EU Regulation 524/2013, the User can also contact the European Commission's online dispute resolution portal by following this link: https://webgate.ec.europa.eu/odr/. The complaints logged on this platform are transmitted to French mediation bodies.
In case of failure, the User may apply to any competent jurisdiction.
These General Terms & Conditions are written in English. They can only be interpreted in their English version.
These General Terms & Conditions are subject to French law.