General terms and conditions

KOKORO lingua is an early learning foreign language program for children, based on videos and possibly other materials.

Videos are available on subscription.

Scope

These general terms and conditions (hereinafter referred to as GTCs) apply, without restriction or reservation, to all sales concluded with professional or private Customers.

These GTCs are accessible at any time on this website and will prevail, where appropriate, over any other version or any other third-party document.

The validation of the order by the Customer constitutes unconditional acceptance of these GTCs. The Customer also acknowledges that, prior to any order, they have received enough information and advice to ensure that the learning provided meets their needs.

Access to videos requires financial participation and a placed order. All orders imply an obligation to pay and is for personal and non-commercial use only.

To place an order, the customer must have full capacity to contract and acknowledges that they are the end user of the materials (directly or as the legal representative of a minor).

The professional Customer shall ensure compliance with these GTCs for all its employees, agents and representatives.

Unless proven otherwise, the data registered by KOKORO lingua constitutes proof of all transactions.

The home page of the videos is compatible with most standard operating systems, and KOKORO lingua cannot be held liable if the client’s hardware operating system does not allow free and complete access to the videos.

The GTCs applicable are those in vigour on the day the order is placed by the Customer.

Early learning program by videos

The KOKORO lingua video program, accessible through the platform, is made available to subscribers as a service in a secure electronic space.

As part of this service, KOKORO lingua gives its consent to the Client to:

• access the platform, for the benefit of the End User (the User) defined as any person holding a User login account enabling them to access the training content ;
• access the software during the defined period (depending on the chosen product) from the moment the access confirmation e-mail is sent by KOKORO lingua
• access videos through the platform, 24 hours a day, 7 days a week

1. Duration of access to the platform

Unless otherwise expressly agreed, the rights of use (subscription) of the platform are granted for:

• a duration depending on the chosen offer – refer to the description of each of the packages – from the time that the access keys to the platform service are used;
• a defined number of Users;
• the available version of the videos on the date order is received

2. Perimeter of Users

Unless otherwise expressly accepted by KOKORO lingua, the rights of use are granted only to the Client who signed the order form.

3. Personal right of use

The username and password delivered electronically to the User is sensitive data, strictly personal and confidential and placed under the exclusive responsibility of the Customer. As such, they may not be sold, resold or shared.

The Customer guarantees this clause by any User and will be liable for any fraudulent or abusive use of their access codes. The Customer shall immediately inform KOKORO lingua of the loss or theft of the access keys. In the event of a breach of the non-transferability requirement or the sharing of access keys, KOKORO lingua reserves the right to suspend the service, without compensation, notice or prior information.

4. Guarantees

KOKORO lingua undertakes to do everything possible to allow access to its KOKORO lingua platform within the limits of reasonable use of the service, 7 days a week, 24 hours a day, during the duration of rights of use, unless there is a breakdown or technical constraints related to the specific features of the Internet network.

The Client undertakes to inform KOKORO lingua within 24 hours of the discovery of any technical malfunction.

KOKORO lingua will take all measures to ensure that the platform operates reliably and continuously. However, the Client acknowledges that the proper functioning of the Internet network cannot be guaranteed.

In the event of a suspension in service by KOKORO lingua due to corrective maintenance, KOKORO lingua will make every effort to repair the malfunction within 24 business hours. After this period, BIG BANG Generation will extend the access to its training program(s) for the benefit of Users for a period corresponding to the period of unavailability.

In the event of progressive maintenance of its platform, KOKORO lingua may also temporarily interrupt access. KOKORO lingua will then endeavour to limit the time of the service suspension and will endeavour to previously warn the Customer. The latter undertakes not to claim compensation or damages from BIG BANG Generation. KOKORO lingua will extend access to the training program(s) for the benefit of Users for a period corresponding to the period of unavailability.

Any warranty is not valid in the event of misuse, negligence or defect of equipment on the part of the Customer, accident or force majeure, and KOKORO lingua’s warranty is limited to the subscription of a new access.

The service sold on the website complies with regulations in place in Switzerland. KOKORO lingua cannot be held liable in the event of non-compliance with the legislation of the country in which the products are available, which is the Customer’s responsibility to check.

The photographs and illustrations accompanying the products on the website have no contractual value and therefore do not engage the responsibility of KOKORO lingua.

We remind you that the security and integrity of communications on the Internet cannot be guaranteed. KOKORO lingua declines any responsibility concerning the consequences related to technical failures of the site or in relation to the site, regarding any access difficulties.

In the event of a failure due to the site host for a period of at least eight days, the duration of access will be extended by a period equal to the absence of access to the site. KOKORO lingua will not be held liable for any damages as a result, the lack of access to be repaired as soon as possible by the site’s hosting company.

Ordering and accessing videos

An order must have all required fields filled-out by the customer with complete, current and accurate information. Any error on behalf of the customer (regarding the postal address, internet address and telephone number of the customer) exonerates KOKORO lingua from any liability as a result of these errors.

The order placed by the customer becomes firm and final for the material selected after full payment of the price by the customer on the website for this purpose and confirmation of the order is sent to the customer by KOKORO lingua.

The customer must check that the confirmation has been received within 48 hours and, if not, inform in writing of the non-receipt of this confirmation. Failing this, proof of sending the order confirmation to the address exactly as indicated by the customer on his order shall be deemed to be presumed received.

The validated and paid order is placed in the name of the customer with whom the agreement is concluded. The contract (order and GTC) thus concluded is personal to the customer and none of the obligations and rights may be transferred, in any way whatsoever, in whole or in part, to a third party.

Tariff conditions

Products and options are provided at the current rates shown on the site when the order is placed. Prices are shown in CHF and euros, excluding taxes and increased by VAT at the current rate.

These rates are firm and cannot be revised during their validity period, as indicated on the website.

These rates may be revised during promotional offers or one-off operations.

The online entry of the credit card number by the customer and his final validation of the order will be worth proof of his order by himself or in his name and for his account and payment of the sums appearing on the order form.

Promotional or other offers are valid only for the period mentioned. Any firm order may benefit if it is placed during the period in question.

Right of withdrawal

A period of 15 days following the order allows you to discover the program with your child.

If not satisfied, the customer can obtain a refund as part of his right of withdrawal.

This period runs from the conclusion of the content supply contract, namely: the date the order is validated and paid for.

When the 15-day period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day.

The Customer may request reimbursement only by registered letter with acknowledgement of receipt, to the following address:

Association KOKORO lingua, Pierre-à-Mazel 39, 2000 Neuchâtel, Switzerland

Refund requests received by email will not be processed.

This written communication must mention that it concerns the exercise of the right of withdrawal, and indicate the number and date of the order, the name of the customer and the address as indicated on the confirmation and any other element allowing the easy processing of the request (or attach a copy of the order confirmation indicating these elements).

If the right of withdrawal is exercised, KOKORO lingua will refund the sums paid by the Customer, with no costs, within a maximum period of 30 days.

This refund will be made by any payment method.

Duration of the subscription

Access to the content will be available to the customer from the business day following the order.

The duration of the subscription is specified for each of our offers.

The customer’s choice not to use his subscription or to use only part of the content attached to his subscription will not justify a reduction of any kind of price or the reimbursement of the subscription.

Warranty and Liability

The customer is presumed to be fully informed of the nature of the proposed content and of KOKORO lingua’s provided resources.

KOKORO lingua assumes all obligations towards the customer that the law requires regarding the supply of the content ordered under legal guarantees.

The customer is personally responsible, for the entire duration of their subscription(s), for their hardware, software, operating systems and standard utilities necessary for access to the content, and their proper functioning.

KOKORO lingua presents its content in a standard format used in Europe, and the content may evolve. This need for evolution is inherent to the nature of the proposed content, which is expressly acknowledged and accepted by the customer, and no modification of the subscription can take place as a result.

In accordance with regulations, KOKORO lingua undertakes to comply with its obligations relating to the guarantees attached, where applicable, to the provision of digital content not provided on a physical medium.

In accordance with the French Data Protection Act, the customer has the right to access and rectify their personal data.

Intellectual Property

The content of the site is the property of KOKORO lingua and its partners and is protected by Swiss and international intellectual property laws.

KOKORO lingua is the sole owner of the intellectual property rights to all services it proposes to its Customers. To this end, all content and teaching materials in any form whatsoever (paper, electronic, digital, oral…) used by KOKORO lingua to provide training remain the exclusive property of KOKORO lingua.

As such, they may not be used, transformed, reproduced or exploited in any way not expressly authorised within or outside the Customer area without KOKORO lingua’s express consent.

In particular, the Customer undertakes not to use the content of the training courses to train people other than its own staff and is liable based on Articles L. 122-4 and L. 335-2 et seq. of the Intellectual Property Code in the event of unauthorised transfer or communication of the content.

Any reproduction, representation, modification, publication, transmission, denaturing, in whole or in part, of the contents of the services and training, as well as the databases appearing on the KOKORO lingua platform, if any, are strictly prohibited, regardless of the process and medium used. In return for payment of the corresponding price, from the opening of the access keys, the software is subject to a personal, non-transferable and non-exclusive right of use for a limited period, which varies according to the product or package chosen (see the description for each of the products).

In any event, KOKORO lingua remains the owner of its tools, methods and know-how developed previously or during its services with the Customer.

Any total or partial reproduction is strictly prohibited under penalty of prosecution.

Applicable law and jurisdiction

The version applicable to sales is the French language version. Sales made on the site are subject to Swiss law. Any dispute arising between the seller and a consumer who acquires the products for their personal use shall be submitted to the justice courts of the head office of the seller.

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