Terms and Conditions

Latest update: 13th November 2018

Please read the Terms and Conditions carefully (hereafter « T&Cs») before using any Services proposed by the company Kokoroe.

These Terms and Conditions govern contractual relationships between Users and Kokoroe and the conditions and legal obligations linked to the subscription of the Services proposed and provided by the company Kokoroe on its Internet Site accessible using the address www.kokoroe.fr.

Any use or recourse to the Services proposed by Kokoroe to Users implies the simple acceptance, without reserve, of these Terms and Conditions, which the User of the Internet Site specifically recognises.

1. STATUTORY MENTIONS

Kokoroe is published by the company I KNOW U WILL SAS, with a capital of 37,000 euros, registration number 801 335 191 at the RCS Commercial Register of Paris with its head office situated at 110 rue Truffaut, 75017 Paris, France.

The publisher may be contacted by email at contact@kokoroe.fr.

The site is hosted by Microsoft Azure, 39 Quai du Président Roosevelt, 92130 Issy-les-Moulineaux. The duties of Director of the publication of Kokoroe are carried out by Raphaëlle COVILETTE and Béatrice GHERARA.

The Website has been registered with the CNIL (French National Agency regulating Data Protection) under the number 1816548 v0.

2. SUBJECT: SUITABILITY OF THE SERVICE TO NEEDS

These Terms and Conditions define the legal relationship and the terms of use and browsing of the Internet site www.kokoroe.fr by its users (hereafter « the User»).

The User declares by accepting these conditions that they have verified beforehand the suitability of the Services of the Internet Site for their needs. They thus declare having received from the company all the information and advice necessary to subscribe to these Terms and Conditions and consequently renounce any contestation on this point. In addition, the User declares that they possess the knowledge, skills and resources, notably soft and technical skills, required for the use of the Services of the aforementioned platform.

Furthermore, before any purchase on the Site, the Customer expressly recognises being aware of these Terms and Conditions as well as any documents or legislation to which they refer and having accepted them wholly and without reserve. By clicking on these buttons, the Customer recognises that they have the legal power and authority to conclude such an agreement or that they have obtained the agreement of the authorised party. Considering that the contract between the Customer and Kokoroe is of an electronic nature, this acceptance is in no way conditional on a handwritten signature from the Customer.

3. MEMBERSHIP AND REGISTRATION

Access to and browsing on the Site is free and does not require a Customer Account. However, to access certain services such as the purchase of a subscription, each Customer will have to create an account and give their online user ID (email address or another form of ID of their choice) and choose their password. The Customer is informed of the need to provide a valid email address in order to confirm the creation of the aforementioned account.

Each Customer recognises their complete responsibility in the use they make of their identification codes for the Site. The Customer accepts not to choose a user ID which infringes the rights of any third party and consequently this includes, but is not limited to, infringing copyright of any registered brand, any trademark or family name. The Customer promises to act only within the space reserved for them by their own user ID and all the acts committed using this ID shall be considered to have been carried out by the User themselves. In case of forgetting, misuse or non-authorised use of user ID by another, Kokoroe will in no way be held responsible and the Customer should immediately inform Kokoroe of the situation, by email to: contact@kokoroe.fr.

In accordance with article 10 of these T&Cs, the Customer has the right to access, modify, correct and delete any data which concerns them, since the Site and the Application have been registered with the CNIL (French National Agency regulating Data Protection) under the number 1816548 v0, as required by the French law on Electronic Data Protection, « Informatiques et libertés » n° 78-17 of 6th January 1978.

Kokoroe informs its users that the Terms and Conditions may be modified at any time. Users are made aware of these changes by the simple fact of their being put online. Users should therefore undertake to consult them regularly.

4.  SUBSCRIPTION

4.1. Content

The watching of the videos is free of charge. In order to have access to complementary resources (summaries, podcasts, PowerPoints, bibliographies, articles, multiple choice quizzes) the Customer has to purchase one of the Subscriptions proposed by the Site. Purchasing a Subscription will allow them to view all accessible learning resources available on the Site. The summaries as well as the quizzes are written and created by Kokoroe.

The videos, as well as the following learning resources are free of copyright: podcasts, PowerPoints, bibliographical links and articles, and are curated by Kokoroe.

The cost of the Subscriptions is specified on the Internet Site in the section « My subscription ». Users are informed that the cost of the Subscriptions may be modified over time. The Company therefore in no way commits itself to maintaining these charges without any change. The Customer may at any moment during the subscription process until actual payment is made under the conditions hereafter, return to the subscription in order to complete, modify or even cancel it. After clicking on « Premium Access», the customer will be requested to give their bank details in the form given on a new Internet page.

All payment shall be made on a monthly basis. If the Customer opts for an annual subscription, they should pay the whole amount in one payment at the time of the subscription.

4.2. Terms of payment

The payment of the monthly subscription is made online and must be concomitant to it, in line with the instructions given during the validation process. The payment will be made in euros by bank card (Visa, Mastercard, American Express). Kokoroe uses the secure payment system Stripe provided by Stripe Inc., and guarantees the Customer that they never have access to confidential information relative to the means of payment used by the latter when the payment is made. For due payments to be made, the Customer is asked to give the number of their bank card, its expiry date, together with the security code if necessary. The Customer shall give their bank details only once to have access to the Service and give rise to monthly subscription payments. To this end, the Customer shall guarantee to Kokoroe that they have all possible necessary authorisation to use the means of payment chosen at the moment of the conclusion of the subscription to the Service.

The Customer guarantees that they are fully entitled to use the bank card provided for the subscription to the Service and that this bank card gives access to sufficient funds to cover any resulting costs of the subscription to the Service, which may be a monthly subscription payment.

By clicking on the « Pay » button during the process of subscribing to the Service, the Customer is accepting fully and without reserve the totality of these Terms and Conditions. If applicable, the Customer validates it conclusively by the payment of their Subscription as a monthly subscription. Kokoroe will systematically confirm the subscription to the Service to each Customer by email, and then the availability of all the learning resources on the site.

The data recorded by Kokoroe shall constitute the proof of transactions between Kokoroe and the Customer.

4.3. Renewal and termination

The subscription service proposed by Kokoroe is for a limited period, either that of one month, or one year.

In either case, the subscription will be renewed by tacit agreement at the end of either the monthly or the yearly period, for the same length of time, ether that of a month or of one year.

However, the Customer may end their monthly or yearly commitment if they so wish via the « My account » section and then « My subscription ». The cancellation of a subscription will close the access to paywall services at the end of the period which has just begun (monthly or yearly). The period which has already begun may not be reimbursed.

4.4. Partnership with Pole Emploi

If you are a French jobseeker, Kokoroe offers free and unlimited access to all its training courses in a partnership with Pôle Emploi in the following categories « Soft Skills » and « New Technologies ». You may therefore have access to the additional resources of these courses (Summary sheets, podcasts, PowerPoints, bibliographies, articles, quizzes).

However, to obtain access to the category of « Professional Skills » you must subscribe to the Premium service.

5. RIGHT OF WITHDRAWAL

5.1. Exercising your right of withdrawal

5.1.1 The Customer has a period of 14 clear days from the date of acceptance of the services proposed by Kokoroe to rescind.

5.1.2 If the 14-day period expires on a Saturday, Sunday or a Public holiday or non-working day, then it is prolonged until the next working day. Notice of the exercising of the right of withdrawal must be given to the Vendor at the following email address: contact@kokoroe.fr.

5.1.3 When exercising the right of withdrawal during the abovementioned period, the cost of services paid for will be reimbursed within a maximum of 14 days after the exercise of the right of withdrawal.

5.2. Exclusion to the right of withdrawal

The right of withdrawal may not be exercised for the supply of services which have already been initiated, with the agreement of the Customer, before the right of withdrawal period, and for which the latter has expressly renounced their said right.

In the case where the Customer has begun to use the services ordered before the exercising of their right of withdrawal, they remain obligated towards the Vendor for the sum corresponding to the service used.

6. PRODUCT INFORMATION

The information given with respect to products (training time, prerequisites, objectives, public concerned, training programme, …) are meant as guidelines for information purposes. For the purposes of improvement, the course resources may be modified by Kokoroe without notice.

7. RESPONSIBILITES

Kokoroe makes every effort for its services to be available in a permanent and continuous manner without however any obligation as to the result. Kokoroe may thus interrupt its service for maintenance and upgrading without being held accountable, nor invoking any responsibility. Kokoroe declines any responsibility in case of technical problems not of its volition and due to human error, bugs, viruses or caused by a third party. Kokoroe may not be held responsible for any damage incurred to your subscription if this damage results in, wholly or partially, one of your actions or omissions, or if this damage is due to technical incompatibility between your equipment and Kokoroe.

8. RESPECT OF INTELLECTUAL PROPERTY

The contents on the present site (video courses, brands, graphics etc.) are protected by the Code of Intellectual Property, as well as all applicable international norms and, unless otherwise stated, are the exclusive property of Kokoroe. In the case of violation by the User of one of the present conditions, Kokoroe may rightfully and without notice suspend access to the platform for the User, and will retain any sum paid by the latter. In addition, any use or non-authorised exploitation or all or part of the content of this intellectual property will be the responsibility of the User notably with regard to Kokoroe and may be liable to criminal sanctions.

9. PERSONAL DATA PROTECTION POLICY

9.1. Foreword

The information collected is for the purposes of electronic data processing and is to identify the User on the Internet site. The company Kokoroe are the recipients of the data. In accordance with the French law on Electronic Data Protection, « Informatiques et libertés » of 6th January 1978, the User has the right to access and rectify any information which concerns them, which may be exercised by writing to I know U will – 110 rue Truffaut-75017 Paris or by mail to contact@kokoroe.fr. Moreover, the processing of the data collected about the User on the site has been declared to the French Data Protection Commission, Commission Nationale de l'Informatique et des Libertés with the registration number 1816548 v0.

9.2. Use and processing of personal data

9.2.1. Type of data collected

When registering for the Site, the Company requests and collects the following personal data from the User: an email address, a surname and a first name. This is mandatory data.

The user may choose, without however being obligated to use the Site, to provide Kokoroe with additional information as part of the creation of their "user profile". This information is: date of birth, sex, city of residence. This is optional data.

When using the Site, the Company automatically collects certain information, including personal information, about the materials used and how they are used.

This information concerns technical data (such as the IP address of the mobile devices used, operating system, browser, etc.) and information relating to the consultation and use that the User makes of the features of the Site.

9.2.2. Purposes of data processing

User data, including personal data, is collected and processed for the legitimate interests of Kokoroe.

The Company collects and processes the Mandatory Data for the user's registration in order for the latter to access and benefit from the features of the Site.

Mandatory Data and Optional Data voluntarily transmitted by the User allow a better "user experience" while using the Site.

The processing of the data provided for in article 9.2.1 above makes it possible to generate and analyze statistics concerning the consultation and use of the Site by the User. These studies may allow the Company to send notifications and especially "KOKOROE" newsletters sent within the Site. It is specified that if the user no longer wishes to receive these notifications, they can unsubscribe at any time by modifying the settings of their account.

The information collected automatically may allow the Company to monitor the general activity of the Site but does not identify the user by name.

In order to create and maintain an environment of trust, personal data is stored for security purposes in order to authenticate or verify the credentials transmitted by the user and to monitor compliance with the Terms and Conditions of Sale.

They are also kept in order to comply with the legal and regulatory obligations to which the Company is subject.

9.2.3. Recipients of the data

The Company processes the user's data to ensure the operation of the Site.

In this context, the Company may be required to transmit certain user data to technical or functional subcontractors for the operation of the Site, to the exclusion of any other use (including advertising or commercial).

These subcontractors have limited access to the data as part of the performance of their duties on behalf of the Company and have a contractual obligation of confidentiality and data protection to the users and may use the data only for the purposes for which it has been disclosed.

The personal data collected by the Company is neither ceded to nor exchanged with third parties, unless it was clearly specified during the collection of the data concerned and after having obtained the prior consent of the user.

9.3. Use of « Cookies » and similar technology

The company uses « cookies » and other similar technology when users are on the Site.

These tools allow the Company to automatically collect certain data concerning the user and their equipment when using the Site. For example, the Company collects the IP address, the name of the web browser, the date and time of the last connection and browser operating data, content shared and by what means. The Company may also collect information about the User's online activity, such as courses viewed.

This technology makes it possible to process statistics and information about traffic, to facilitate navigation and improve the Company's services for the convenience of the User. The latter has the option to delete the "cookies" stored on the terminal used for connection in order to permanently delete the information they contain. They can also oppose the registration of these "cookies" by configuring their browser. The user is informed that in case of refusal to use "cookies" in general or only some of them, the functions of the Site may be limited.

9.4. Data retention

The data is stored at the hosting provider identified in the statutory mentions and is kept for the period strictly necessary for the achievement of the legitimate and proportionate aims referred to above.

The hosting provider has limited access to the data as part of the performance of its duties on behalf of the Company and has a contractual obligation of confidentiality and to protect the data in order to use it for the purposes for which it was disclosed.

9.5. The rights of the user

According to regulations in force, the User remains free to control the destination, the content and the extent of their personal data. For this purpose, they have a right of access to and rectification or erasure of the data, a right to the limitation of the processing of which they are the object, a right of opposition and a right to the portability of data, exercised by sending a request to this effect by e-mail to the controller at the following address: contact@kokoroe.fr.

10. FORCE MAJEURE

The parties are released from their obligations in the event of force majeure, that is to say during any event beyond their control or partially outside their control. The following are considered as particular cases of force majeure, without limitation and for information purposes:

  • the shutdown of telecommunications networks,
  • labor disputes resulting in a general or sectoral strike,
  • disturbances blocking the means of transport and supply,
  • the prohibition on export or import enacted by a governmental authority,
  • fires, floods, earthquakes, storms, insurrections.

Kokoroe may not be held responsible for the non-performance of the contract concluded in case of temporary unavailability of its website.

11. ACCEPTANCE OF AND CHANGES TO T&Cs

The use of the platform implies on your part a full and complete acceptance of all these Terms and Conditions of Sale ("T&Cs"). The applicable T&Cs are those in force at the time of connection and use of the Kokoroe platform.

Kokoroe informs its users that the Terms and Conditions of Sale may be modified at any time. These modifications will be brought to the attention of the users by the simple fact of being put on line. Users therefore undertake to consult them regularly.

12. GOVERNING LAW - JURISDICTION

The governing law for these Terms and Conditions of Sale is French law. Subject to any contrary provisions of the Code of Civil Procedure, any dispute that may arise on the occasion of their validity, interpretation or execution and which has not been settled amicably by the present parties, will be submitted to the Courts of Paris, notwithstanding plurality of parties referred or expertise.