General Conditions of Use
1. Legal Disclosure and Scope of Application
kokoroe.fr and the services it offers include without any limitations all websites, mobile applications and other services related to it and is defined herein as Kokoroe. Kokoroe is managed by the company I KNOW U WILL SAS with a capital of 1500 euros, registered as 801 335 191 at the RCA of Paris and headquartered at 110 rue Truffaut, 75017 Paris. The management and editors of kokoroe can be reached by email at email@example.com The site is hosted by OVH, 2 rue Kellermann, 59100 Roubaix. The role of publishing on Kokoroe is exercised by Raphaelle COVILETTE and Beatrice GHERARA. The site has been declared to CNIL under the number 1816548 v 0
2. Applicable Law
These Conditions of Use are subject to French law and jurisdiction exclusive of the French courts. The language of the contract is French. Other than public policy provisions, all disputes that may arise in connection with the execution of these Terms and Conditions can be first considered for a friendly settlement under the discretion of the editors of the site before any legal proceedings. It is clearly stated that the settlement of claims do not suspend the time limits allowed for pursuing legal proceedings.
3. Acceptance of General Conditions of Use
Any person acting on his/her own behalf or on behalf of a legal person accessing the site Iknowuwill, from hereafter called Kokoroe is a User. By accessing Kokoroe even without being identified or logging in, the User agrees unconditionally and unreservedly all the terms of Conditions of Use named below. The User acknowledges to have have full knowledge of these Terms. Kokoroe reserves the right to deny access to any User who does not comply with these Terms, without any justification or notice and at any moment. It do not suspend the time limits allowed for pursuing legal proceedings.
4. Changes to the CGU
Kokoroe and its editors can at their sole discretion and at any moment decide to change or modify the present CGU without having to inform its users. By accessing Kokoroe, all users accept all modifications thus brought about. The CGU effective and applicable to users are those last updated and applicable on the day the user last connected to the present site.
For Kokorow, the waiver of any temporary or permanent title of one or more provisions of the Terms will not have any impact in the remaining terms and conditions.
The last modifications made are dated: 1 margin-top-sm 2015.
5. Nullification of any Clause
If one or more clauses of the present CGU come to be declared null by a judicial decision, this nullification will not impose any nullification to any of the other clauses. All other clauses will continue to be in effect.
6. Description of Service and Definitions/h4>
6.1 Description of service
Iknowuwill has been made available and accessible via the site kokoroe.fr, available at the address http://www.kokoroe.fr/, an online platform designated to generate all collective services to natural and physical persons who wish to transfer their knowledge in the form of face-to-face or online sessions via visiconference (hereafter the Instructor or the Instructors). This is particularly to facilitate them in getting in touch with natural and physical persons who wish to learn (hereafter Pupil or Pupils) .
Kokoroe does not emply the Instructors. No pay check is remitted to Instructors. The website clearly reminds that all Instructors declare their revenues to the Public Finances Department and encourages them to declare as per their legal status as auto-entrepreneur or the name of a company or association, an activity that remunerates.
Kokoroe will not intervene between an established contract between an instructor and a pupil and therefore cannot be considered to be an intervening party.
The terms capitalized be deemed to have the following meanings:
User: A user is an individual acting on behalf of or for the account of a legal person, and uses the Kokoroe Service starting from the point he first accesses Kokoroe.
Instructor: an instructor is a natural or legal person who can freely approach to offer a course face-to-face or online via videoconference on Kokoroe. An instructor is a Kokoroe User, and always chooses the price of his/her sessions, the times when he/she wishes to conduct them and the conditions in which he made them. A teacher can always refuse a course. There is no connection or subordination between an instructor and Kokoroe.
Pupil: this host is a natural or legal person who can freely access the process of participating in a course face-to-face or online via video conferencing. This host is a Kokoroe User. The pupil function is not exclusive to that of an instructor.
Course: A course is taught by an instructor and published on Kokoroe. It is organized, managed and directed freely through him and for which each student will have to register in advance via the website. The courses taught by an instructor can be done face-to-face or online via video conferencing.
Face-to-face Courses: a face-to-face course is a course where teaching involves the physical presence of the instructor and the pupil. These sessions can be both privately and in groups.
Private Course: an course where an instructor is teaching just one pupil.
Group course: a group course is one where the instructor teaches many pupils.
Online Courses by Videoconference: online courses via videoconferencing involves using a videoconferencing platform to conduct the online course
Videoconferencing Platform: A Videoconferencing Platform is an internet platform on which the course is held. Videoconferencing platform can be developed and hosted by an company external to Kokoroe and be subject to specific terms and conditions.
Price: Price is the amount to be paid by a student, prior to the course, as remuneration for the service provided by the Instructor. The price is freely determined by the instructor and includes the site usage fees paid by the Instructor.
Account: A user creates an account freely and deliberately by clicking on the heading for this purpose. Account settings are editable in his/her own personal space.
Profile page: Page displaying the User's public information. Each account is unique and private and the information it contains needs to be maintained.
Operating costs: % asked by the instructor for services offered by the website.
Recommendation: Comment by the pupil at the end of a course to share with other users in appreciation of the course and the instructor.
Withdrawal: See Terms and Conditions of Leetchi Corp. SA ("Terms and Conditions of MANGOPAY service and use of e-money"), listed in its entirety on this page, after the Terms and Conditions of Kokoroe.
Account of Electronic Money: See Terms and Conditions of Leetchi Corp. SA ("Terms and Conditions of MANGOPAY service and use of e-money"), mentioned in its entirety on this page, after the Terms and Conditions of Kokoroe.
Kokoroe and the entire site is protected by the code of intellectual property. No reproduction or even partial copy is permitted without prior authorization from Kokoroe.
The User therefore recognizes that, in the absence of authorization, any complete or partial copy and any distribution or operation of one or more of Kokoroe's elements, whether or not modified, will likely give rise to legal proceedings brought to by Kokoroe and against the publishers.
This protection will include all text and graphic content of the site, but also on its structure, its source code, its name and its graphic charter.
8. Creation and Management of an Account
8.1 Creation of an Account
To be able to acess everyone of the services provided by Kokoroe, a registration is required
Following this registration, the user creates an account.
To be a user and be able to open an account, the following conditions are cumulatively and compolsuraily applicable:
-be over 18 years of age (if the person seeking to open an account is an organization, all its employees should be over 18 years of age. Kokoroe does not entertain minors and thus no minors can participate in the courses offered (whether face-to-face or online by videoconferemce) nor can they be accompanied by a legal representative for the opening of an account or in accessing any services offered by Kokoroe.
- all information submitted should be accurate, exact, the most recent and updated in the eyes of the law. It includes (non-exhaustively) information such as name, last name and address.The user must also maintain and regularly update the account
-stop using the account for registration, conducting a face-to-face or online (via videoconference) course or payment without bringing it to the attention of Kokoroe.
8.2 Account Management
The account is private and inaccessible, The login ID and password cannot be shared, communicated or transferred to any other real and natural person, unless otherwise agreed by Kokoroe under the condition of suspension or deletion of the account.
Once the account has been created, the user should inform Kokoroe of all changes in his/her personal details ever since. All emails sent by Kokoroe to the last registered email address will be considered as received by the user.
Following registration, the user will be solely held responsible for generating his/her login ID and a password. The user must take charge of protecting the confidentiality of his login ID and his password. Kokoroe cannot be held responsible for any loss of login ID and/or password (and the use of the account subsequently).
The user must also maintain his/her account and update the information provided in the account regularly.
The user should be in the know that data provided to the website and/or his/her account is susceptible to being transferred and stocked for the purpose of data storage and security in France or abroad.
While being connected to Kokoroe, the user has to respect the law. That implies particularly to injuries. The user must not ask or suggest a face-to-face or online course that are potentially injurious or illegal.
The account can be suspended or deleted with any information or notice in the following cases:
● violatrion of any of clause in the general conditions
● impossibility in authentication or verification of the users identity
● falsification of personal details entirely or in part indicated during registration
● actions noncompliant with the law of moral behaviour, particularly during a face-to-face course or online course via videoconference.
Any advertisement that is not authorized by Kokoroe is forbidden. It is thus strictly forbidden for a user to use his/her page to promote an activity that has not been registered in the usage services or that incites (even implicitly) other users to quit the service.
Kokoroe cannot be held responsible in case of illegal or prejudiced actions of users. However, Kokoroe will on its own try to avoid the occurance of any such situation. Kokoroe also invties all users to notify Kokoroe if they come accross any such activity at the earliest.
Kokoroe does not recruit Talents and can thus not be held responsible for the quality of courses or participants. The content of each session and techniques of teaching are decided uniquely and freely by the Instructor. Pupils are thus of knowledge of the risks involved in taking courses in terms of the quality of the course or session. Pupils are hence encourage to leave comments and inform Kokoroe of each session conducted by the participant.
9. Sharing of knowledge, reservation and participation in a course
9.1 Sharing of Knowledge
Every instructor who puts up a face-to-face course or an online course via videoconference should honestly and accurately complete all information that are requested to him/her. The instruction must pay attention to emails send my to Kokoroe to the email address communicated by the Instructor.
The instructor will have to be available to conduct the courses on time at the time fixed for his courses with his/her pupils both in person and online via videoconference.
The instructor will freely choose the content description for his/her courses as well as the promotion of each session i.e. content, date, price, duration and the modalitities of course completion and organisation of each session. No link exists between Kokoroe and the instructore for the conditions set for the courses. The instructor knows that the information shared freely and consciously on Kokoroe may not be published exclusively as course description of course promotion. All information or content prepared by the Talents can be modified by the instructor directly via his/her account and it does not entail any responsibility for Kokoroe.
Kokoroe does not organize course sessions face-to-face or via videoconference and has no authority over an instructor or pupil to guide or alter their decisions. The counsel given by Kokoroe is completely advisory and can guarantee in no way the choices made by the instructors or pupils. Therefore, Kokoroe can neither be held responsible by any means for the actions of the instructors or pupils not can it be held accountable for account deletions. In these conditions, Kokoroe declines all responsibility related to the behavior of Instructors and Pupils during the sessions whether face-to-face or via video conference.
However, if Kokoroe has any knowledge of inappropriate or illegal behaviour of a user during or after the course, Kokoroe reserves the right to take corrective measure and even delete the account and provide authorities with any information that may be useful.
Kokoroe reserves the right to unilaterally cancel the organization of any face-to-face or online course via videoconference without any notice.
The instructor should fully know and accept that the pupils who have taken one or more face-to-face or online sessions via videoconference with him/her may post comments on Kokoroe to appreciate or provide testimony on the quality of the course. The instructor understands that to preserve the integrity of this method, there is no controle on the content and comments posted as long as the are in accordance with the law.
9.2 Reserve a Course
The reservation of a face-to-face course or an online course via videoconference by a pupil that has been proposed by an instructor can be only done by logging into ones account. In the absence of a regular work contract written or otherwise, binding the instructor and the pupil in a contractual committment. The reservation charecterises the conclusion of a contract of services between an instructor and a pupil for the course selected.
Following Kokoroe's intervention, it is always manadatory for a user to complete the needs and follow through the terms of the contract, without Kokoroe having to be a participant in the execution of any obligations. The relation between an instructor and a pupil does not necessarily reflect the present general conditions and or necessarily respond to common and public law.
The reservation of a face-to-face or online course via videoconference is an initiative of the pupil where the pupil makes an offer to an instructor to participate in his or her course and the instructor accepts at a price fixed by the instructor.
The reservation of a face-to-face session or an online session via videoconference ,not counting exceptional cases if determined by the conclusion if a contract that indicates the acceptance of the reservation by the instructor within 24 hours. In certain cases, The instructor can upto 2 hours before of the scheduled start of the case to accept the request. If the reservation has not been accepted by the instructor it will be considered refused automatically.
The price fixed by the instructor is made available to the pupil at the time of reservation of a face-to-face course or online course via videoconference.
The price indicated is the final price paid by the pupil on the Kokoroe website for a face-to-face or online course.
The price indicated is determined by the instructor. The instructor fully understands that the amount that will be paid to the instructor and the associated charges levied by the Kokoroe website. At the time when the instructor sets the price, the website chareged will be indicated to him or her.
For an individual course, the instructor fixes a price for the couyrse. For a group course, the instructor fixes a price per person.
The price is modifiable at any time by the professor when he or she connects to his or her account.
9.4 Participating in a Course
To reserve of teach a course, the user should have created an accoutn free of cost on Kokoroe.
Following a reservation request made on the site or an application, Kokoroe will communicate the name of the pupil along with a link to the profile page of the pupil to the instrcutor.
The instructor must therefore confirm or refuse the reservation request.
In case or refusal or absence of response, the amount charged by Kokoroe will be reimbursed on the bank card authorized by the pupil to Kokoroe concerning the request.
In case of confirmation of a course, Kokoroe will send an e-mail on behalf of the pupil to the instructor confirming the reservation and communicating the name, last name of the interlocuter as well as a link for hisor her profile page.
In case a reservation is confirmed for an online course via videoconference, Kokoroe will communicate to the pupil and instructor a URL (internet address) allowing them to connect to the plqtform of videoconference on the said date.
The conditions for conducting a face-to-face or online course via videoconference, its content, documentation and files sent to the pupil from an instructor, last contact made and actions taken during a course during an online course via videoconference are independent of Kokoroe. Kokoroe does not participate in any manner in the conducting, organization of content of the course. .
Pupils who attend courses thus do so under the sole responsibility of the instructor.
In addition, Kokoroe is not responsible for the actions of pupils and instructors if courses are cancelled for a reservation made by a pupil without any justification.
Kokoroe advices thus all parties to stay attentive to the courses planned and terms agreed upon.
Pupils know that they cannot participate in a course to copy, counterfeit and compete with the content of a course provided by an instructor.
9.5 Comments left by pupils
For a course, a pupil may leave comments on the site for the instructor. These comments are subject to a validation technique for editors where the editorial team reserves the right to delete any comment it finds inappropriate.
9.6 Comments by instructors
For a course, Talents can leave comments about their pupils on the site. T peuvent laisser des commentaires sur leurs élèves sur le site Internet. These comments are subject to a validation technique for editors where the editorial team reserves the right to delete any comment it finds inappropriate.
10. Course Cancellation
10.1 Cancellation by a pupil
Kokoroe is in no situation responsible for the cancellation of a course, neither is it responsible for its proper organization.
10.2 Cancellation by an instructor
If a course is cancelled or if an instructor is absent from a session set for a particular date and time, pupils will be reimbursed by Kokoroe. As per the rules of service put in place by Kokoroe, the instructor will be charged by Kokoroe its complete service charges even if a session has been cancelled and even if the nstructor has to be reimbursed. The corresponding amount of the comission will be directly debited from the elctronic money account of the instructor. This last transaction will include a late charge of over 5% for every session missed.
11.1 Using the Website
The services of Kokoroe are binded by an obligation i.e. to be available only to those who have access to the internet.
In the event that acceesibility to Kokoroe is impossible ti acheive due to any technical reasons, the cient cannot expect any indemnity paid for any damage caused.
The user should have the competence and means necessary to access and use the internet. The user should know as well the device used to login to the Kokoroe site is in adequately functional with an updated and functional anti-virus. The user must be equipped with an internet connection fast enough to access Kokoroe.
In the event that the kokoroe site contains links to other internet sites, it is clearly expressed that Kokoroe will have any control on the following - content, legality, accuracy, pertinance or access of these sites. D
11.2 Conducting a Session
The instructor is solely responsible for the content of the course, the conditions of its completion and documents handed over during a session.
Kokoroe does not exercise any controle over the organization of a face-to-face course or online course via videoconference. Kokoroe cannot ensure the content's quality, security or accuracy of information provided by the instructore. Kokoroe is not capable of verifying the identity of an instructor and the information put up by the instructor on his/her account.
Kokoroe can be considered as a party to the establishment of a contract between the instructor and the pupil. Its responsibility (contractual or otherwise) cannot be held against it any time by the instructor or the pupil.
Kokoroe does not recruit any talents. The instructor does not act in any way as a subordinate of Kokoroe. Kokoroe can thus not guarantee the quality of the sessions.
The pupils have to be fully aware of the risk they take concerning the quality of a course taken by an instructor. Although Kokoroe will do as much as possible and disclose all details that can help users and thus pupils have the best experience possible.
Pupils are thus recommended to leave reccomendations and comments for instructors to inform other pupils about the instructor on the website.
12. Financial Disclosure
Kokoroe gets remunerated for putting a pupil in touch with an instructor. It receives a commission under the conditions put forth in the present article.
In consideration of the service of linking the instructor with a pupil through an internet platform provided by Kokoroe, the instructor agrees to pay Kokoroe. A fee of 12% tax (VAT) of the booking amount (excluding bank charges) is collected at the time of booking from the student.
This commission of 12% VAT may be decreased or increased through promotional activities or for the provision of additional services.
The commission will be due from the student once the student has ordered on the Platform.
12.2 Bank Charges
After payment by credit card via the secure payment system of the Kokoroe Platform, additional transaction fees will be levied on the amount. These transaction fees, independent of the commission due to Kokoroe, will amount to 1.8% + 18 cents per transaction.
13. Legal and Fiscal relation between Kokoroe and the instructor
Kokoroe acts as a service provider to the instructor.
Kokoroe provides every instructor with a set of services including but not limited to scheduling a lesson with a pupil, receiving the price of the course and promoting its sessions on the Internet.
The instructor is expected to satisfy all legal and regulatory obligations. It is up to him or her to choose the status that seems most suited to his or her personal situation and allows him or her to be paid for the service he or she provides. Depending on the chosen status, the instructor may have to pay a certain number of duties, taxes or charges. It is upto the instructor to check with the competent tax authority.
The website creates an Electronic Purse in the name and profile of the instructor.
By allowing the collection of price on his or her behalf as well as the payment of operating costs, the instructor accepts that Kokoroe will create an account on the instructors behalf with Leetchi Service Corp. SA, issuer of electronic money registered as such in Luxembourg by the Commission de Surveillance du Secteur Financier under the reference No. 3812.
The Terms and Conditions of Leetchi Corp. SA ("Terms of Service of the use of MANGOPAY and the use of e-money") are listed in their entirety on this page after the Terms and Conditions of Kokoroe.
The price of a course is fixed and put up by the instructor. Since this is in the form of electronic money, the instructors personal account for electronic money is opened by KnowYouWill with Leetchi Corp.
The instructor authorizes Kokoroe to make a withdrawal request on his or her benefit and on his or her behalf within 24 hours after the course begins, except in case of repayment. Thus, 24 hours after the date of the Course, a request will be automatically sent to the instructors bank account for the amount which was previously stored in the form of Electronic Money on its Electronic Currency Account.
For WeKnowYouWill to be able make this withdrawal request, the instructor, must solely for this purspose provide the IBAN and SWIFT code as well as the address of the bank account that he or she holds.
14. Contribution from Users
Users have the option of contributing content to Kokoroe by posting comments and by publishing a session. These contributions must be made in French and will be subject to technical validation of the publisher or the publishers team of moderators who reserve the right to delete the content.
Users are informed that Kokoroe can choose to publish comments, meetings, or any public content on newsletters and other communication support including partner sites. In this case, Kokoroe can decide to include the first or last name of the author of the contribution. As an author, the user transfers the right and therefore waives his or her right to the content of comments, for any type of distribution or use, even commercial, on the internet support. This, of course, always maintaining the authorship of author.
As part of using the services offered by Kokoroe, users undertake the following responsibilities without any limitation:
- to not post any text, image, or video, which he or she does not have the right to. If that were the case, the user would in the eyes of the law be held responsible for unauthorized use of the content.
- to not affect the quiet enjoyment of the services by other members,
- to respect the rights of third parties,
- to not use the services of the site for commercial purposes other than the creation of a Course.
- to comply with all laws or regulations in effect,
- to not demonstrate any behaviour that is racist, contrary to public order or morality or in violation of a law or regulation in effect.
Use of the service by users is done under the sole responsibility of the user. They remain, in any event responsible for the data contained in their personal account, comments published on Kokoroe by them and more generally in the context of the use of services that require a response to competent courts. Any violation of these terms or resulting damage will constitute a violation of regulations or laws. Any prosecution will be directly against the User thereby, freeing Kokoroe from any liability in the matter.
By entering their email address on the website, users agree that Kokoroe can send them emails at a frequency and format of its choosing, a newsletter (newsletter), which may include information related to its business.
Members and subscribers will have the ability to cancel their subscription to the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
16. Legal Mentions w.r.t IT liberties law, of 6 january 1978
Personal data collected during registration will allow Kokoroe to better understand the user. Kokoroe can use this personal information to contact the user and ask him about improvements that can be made to the website. Kokoroe may send promotional offers from some of Kokoroe partners to the user subject to prior consent when registering, and unless he or she opposes it later without any charges other than the delivery of the request upon registration or at any other time. If a user prefers not to receive offers selected by Kokoroe or the IIknowuwill partners, the user may indicate it at the time of registration or subsequently on the website.
Kokoroe does not transfer information to these partners to enable them to identify the User. Under the provisions of the Data Protection Act of January 6, 1978, Kokoroe agrees not to use any User's personal data other than the purposes described above.
Following these provisions, the User has a right of access, rectify and delete any personal data, which may be accessed at the following address: firstname.lastname@example.org
Iknowuwill agrees to implement appropriate technical and organizational measures to protect personal data against accidental loss or unlawful destruction or loss, alteration, disclosure or unauthorized access. Kokoroe agrees to keep personal data for the duration concerned. Kokoroe does not transmit personal information to the tax authorities, judicial or administrative in the normal course of its business, but may be forced to disclose any information about the User to answer any judicial or administrative application under laws or regulations.
The collection and processing of personal data by Kokoroe has been declared to the CNIL.
Kokoroe does not retain credit card details from users after the payment.
17. Disclosure related to "cookies"
Kokoroe reserves the right to install cookies to manage the website in the best possible manner. It also helps facilitate navigation on the website, compile statistics and conduct traffic analyzes for site improvement
Setting of the User's navigation software can inform the presence of cookies and possibly refuse the right to access them.
18. Exoneration of Kokoroe from the execution the present contract
In case of difficulty faced in accessing Kokoroe due to technical problems of any kind, the customer cannot claim damages or compensation.
The hyperlinks on Kokoroe may lead to other websites that are not related to Kokoroe. Kokoroe cannot be held responsible for the content of these sites if it does not follow the law. Similarly Kokoroe cannot be held responsible by the user if visiting one oof one of these sites caused the user any harm.