The company MYCLASS MONACO SARL is a limited liability company incorporated under Monegasque law with a capital of 160,000 euros, whose registered office is located at 3-5, Avenue des Citronniers - Le Prince de Galle - 98,000 - MONACO, and is registered in the Trade and Industry Directory of MONACO under number 18S07765, and represented by Mr. David DENAIN, its legal representative (hereinafter “MyClass Monaco”).
MyClass Monaco specializes in the computer programming business sector, and its corporate purpose is the creation, operation, commercial development and distribution of mobile applications and websites for educational purposes and, on an ancillary basis, the retail sale, exclusively via the Internet, of derivative products relating to the main activity.
As part of its activities, MyClass Monaco has developed an educational platform, allowing Users (as defined below) to access and use an internet streaming platform, accessible at the address www.MyClass.mc, and having as its object the broadcasting of an audiovisual educational animation series (hereinafter " Plateforme »).
These general conditions of sale and use of MyClass Monaco (hereinafter the " T & Cs ") constitute mandatory contractual stipulations and defines the terms and conditions under which MyClass Monaco allows Customers and Users to use the Platform in order to access and view the Content.
The T & Cs apply to the use of the Online Platform hosted in the Netherlands and accessible on the MyClass Monaco website, accessible at www.MyClass.mc, from a computer, a tablet, or a smartphone.
The Platform is the exclusive property of MyClass Monaco. All rights are therefore reserved.
IT IS IMPORTANT THAT EVERY CUSTOMER READS THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PLATFORM. MYCLASS MONACO ALSO INVITES THE CUSTOMER TO PRINT A COPY OF THE T & Cs AND TO KEEP IT.
IF THE CUSTOMER DOES NOT ACCEPT THE TERMS OF SAID T & Cs, HE/SHE MUST NOT CLICK "I ACCEPT THE T & Cs" FOR THE ACQUISITION OF THE CONTENT, OR USE THE PLATFORM OR ALLOW ITS USE BY USERS.
IN THE EVENT OF USE OF THE PLATFORM, THE CUSTOMER EXPRESSLY UNDERTAKES TO COMPLY WITH THESE T & Cs, AND STRONGLY COMPLIES WITH THESE BY USING THE PLATFORM.
For the interpretation of these T & Cs, the terms defined in this article will have the meanings indicated below:
2.1. These T & Cs constitute mandatory contractual stipulations and define the terms according to which MyClass Monaco markets the Content accessible on the Platform. In accordance with the regulations in force, the T & Cs are systematically communicated to the Customer prior to the conclusion of the Contract relating to the sale of the right to access and consult the Content, to enable him to place an order with MyClass Monaco in a perfectly informed manner.
The T&Cs apply without restriction or reservation to all contracts concluded between MyClass Monaco and its Customers, unless expressly agreed in writing between the Parties. Consequently, any contrary condition invoked by the Customer will be unenforceable against MyClass Monaco, regardless of when it may have been brought to its attention. Any order relating to the acquisition of rights to access and consult Content sent to MyClass Monaco therefore implies, on the part of the Customer, unreserved acceptance of these T & Cs.
MyClass Monaco reserves the right to make changes to these T & Cs at any time without notice. The applicable T & Cs are those in force at the time of the conclusion of the Contract by the Customer.
2.2 In addition, these T & Cs define the terms and conditions under which the Costumer, and any User acting on his behalf, accesses and uses the Platform. Within the framework of these T & Cs, MyClass Monaco grants the Customer a limited, non-exclusive and non-transferable right to access and use the Platform, and to consult the Content for which the Customer has previously placed an order with MyClass Monaco, in accordance with to the stipulations of article 2.1 above.
It is therefore specified that the authorized use of the Platform is strictly limited to the context of streaming. Any use outside the aforementioned framework constitutes a violation of the rights of MyClass Monaco and will be liable to prosecution.
Any use of the Platform by the Costumer and Users implies full and unreserved acceptance of these T & Cs.
3.1. The MyClass Monaco Platform, accessible at www.MyClass.mc, is an internet streaming platform allowing Customers who have acquired rights to access and use the Content to access them on computers, tablets and smartphones, and view and/or listen to said Content without first having to download it.
3.2. The use of the Platform therefore assumes that the Customer has the skills and equipment (PC, Mac, smartphone or digital tablet) necessary for access to the Platform and its use, and must, therefore, personally assume the cost. all the costs linked to this equipment (telecommunications costs in particular).
4.1 Ordering process
Access to the Platform and consultation of the Content are subject to the conclusion of a Contract between the Parties. The Contract is concluded electronically, through the merchant website www.MyClass.mc.
The conclusion of the Contract requires the Customer to express his free and informed consent to MyClass Monaco, which is expressed through his express acceptance of these T & Cs.
In this context, the Customer wishing to place an order with MyClass Monaco to access the Content of the Platform is required to follow the online registration and ordering procedure described below.
To do this, the Customer must first select the desired Content on the Platform accessible at the address www.MyClass.mc by clicking on "ADD TO BASKET" in the selection of available Contents.
The Customer is then automatically redirected to his basket accessible on the page http://myclass.mc/cart/ containing the summary of the selected Content, the Price (subtotal and total).
At this stage, the Customer can continue with the ordering procedure, or return to the list of Content available on the Platform in order to select one or more additional Content. Each time a new Content is selected, the Customer is automatically returned to his basket containing information relating to the current order.
At any time the Customer can, if necessary, correct his order and delete the selected Content by clicking on the delete symbol next to "X".
The Costumer can also add a promotional code for the acquisition of access rights to the Content by clicking on "Apply promo code", and thus benefit from discounts on the applicable Price.
If, after having read the Content selected in his basket, the Costumer wishes to continue his order, he must go to the next step by clicking on "Confirm order".
Placing the order then requires the Costumer to create a personal account in the online Personal Space. To do this, the Costumer is required to provide Personal Data concerning him which is processed in particular by MyClass Monaco for billing purposes.
In this context, the Costumer is required to specify the following information: last name, first name, address containing the region and country and email address, date of birth, as well as an account identifier on the Personal Space and a password staff.
The Costumer acknowledges and accepts that his username (email address) and password are strictly personal, and must not be communicated to third parties under any circumstances. The Costumer is solely responsible for any use or action carried out from his account in the Personal Space.
In this context, the Costumer declares and guarantees that any information provided to MyClass Monaco is complete, exact and precise, and undertakes, as far as necessary, to update said Personal Data concerning him on his Personal Space, so as to that the latter remain complete and accurate.
Likewise, in the event that the Client already has an account in the Personal Space on the day of placing his order, he is invited to log in by clicking on "Already a Member? Click here to connect " By indicating his email address and his personal password.
At the end of this step, the Customer can consult the summary of his order containing the Unit Price of each Content selected and the total amount of the order.
The Customer is invited to conscientiously check the details of his order prior to the final conclusion of the Contract. Once the Customer has filled in and verified all the information requested by MyClass Monaco, as well as the summary of his order, the Customer must finally validate his order by clicking on "Validate the order", and fill in valid means of payment.
These T & Cs are then submitted to the Customer, who undertakes to read them before any acceptance thereof.
If, after having read the T & Cs, the Customer agrees with the terms of conclusion of the Contract, he must accept the T & Cs and confirm the payment to definitively validate his order.
This second click constitutes an electronic signature. This signature has the value of acceptance between the Parties in the same way as a handwritten signature. However, it is only once payment has been accepted that the order is definitively placed and the Contract concluded between the Parties. The Customer thus acknowledges and accepts that by concluding the Contract, he expressly authorizes MyClass Monaco to debit his bank account associated with the means of payment entered during the order.
The order is recorded in the computerized registers of MyClass Monaco, themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties. It is specified that MyClass Monaco has taken out a distance selling contract with its banking organization. The banking transaction is secure and, in any way, MyClass Monaco does not store banking information on the Costumer, except with the prior and express consent of the latter.
Once the Contract has been concluded, MyClass Monaco sends the Customer an electronic acknowledgment of receipt to the email address indicated when creating their account in the Personal Space.
4.2 Cancellation or modification of the Order
MyClass Monaco reserves the right to respond to a cancellation request made by the Customer before any consultation of the Content ordered from MyClass Monaco, notwithstanding the withdrawal procedures provided for in Article 15 below.
If the cancellation request is refused, the Customer acknowledges and accepts that the Price paid remains due to MyClass Monaco.
Les Contenus proposés par MyClass Monaco au Client dans le cadre du Contrat sont fournis au Prix figurant dans l’offre commerciale sur le site http://myclass.mc/catalogue/, as well as the various packages offered by MyClass Monaco. The Prices of the Content are denominated in euros, including all taxes.
MyClass Monaco reserves the right to modify the Price of the Content at any time.
The applicable Price is that indicated http://myclass.mc/catalogue/ on the day the order is placed.
5.1. Once he has created his account during his first order of Content, the Customer has reserved and secure access to the Personal Space, by means of which he can access and view at any time all the Content for which he has acquired rights on the Platform. As such, it is nevertheless specified that the availability of the Content on the Platform is limited for each Content to a period of one (1) year from the date of acquisition of the rights to the Content in question. At the end of this period, the Customer must again pay the Price in order to be able to access and consult the Content.
The Customer will also be able to access his Personal Data, his means of payment and billing data.
5.2. The Personal Space is accessible by means of a personal username and password, which will be required each time you connect to the Platform. The Customer may not under any circumstances create more than one account in the Personal Space of the Platform, except with the express consent of MyClass Monaco.
5.3. Usernames and passwords are strictly personal and confidential and must under no circumstances be disclosed or shared with third parties. Each Client is personally responsible for the confidential keeping of his username and password, as well as for all actions, fraudulent or not, which would be carried out under his username and/or password, MyClass Monaco cannot under no circumstances be held responsible for this.
The Customer undertakes never to access the personal space of another Customer, nor to use the username or password of another Customer in order to access Content that he does not have. not purchased on the Platform.
In the event of loss or forgetting of his password, the Customer must follow the reset procedure from the Platform interface, MyClass Monaco does not have the Customers' passwords.
5.4. The Customer must, without delay, report any case of suspected unauthorized access or use of his Personal Space or fraudulent access to their usernames and / or passwords.
6.1. The Customer acknowledges that the rights on the Platform are the exclusive property of MyClass Monaco.
The Customer is solely responsible for the use he makes of the Platform, as well as for the use made by Users acting on his behalf, and therefore undertakes in this context to:
6.2. In the event of a breach by the Client, or by a User acting on his behalf, of one of the aforementioned obligations, or of any of the stipulations of these T & Cs, MyClass Monaco reserves the right to any moment, to suspend, block and / or delete the Customer's Personal Space.
Furthermore, if MyClass Monaco is forced to close said Personal Space due to non-compliance with its obligations under these T & Cs, it will be entitled to initiate any appropriate legal action with a view to awarding damages that would be due to him, as well as possible civil or criminal proceedings when the behavior complained of is likely to be qualified as civil fault and / or criminal offense.
7.1. No stipulation of these T & Cs, nor the access and/or use of the Platform, imply the transfer of intellectual property rights (such as without limitation listed: copyright, trademark, design and model, name of domain, personal data, database) of MyClass Monaco for the benefit of the Client or a User. The Customer therefore expressly refrains from harming, directly or indirectly, the Platform or any of its constituent elements, including the Content.
7.2. The Content of the Platform, and in particular all the audiovisual, cinematographic, textual, narrative, literary, sound, graphic, typographic and photographic elements, information, files, reports, documents, lessons, software and databases data, etc. are protected by the provisions of the Intellectual Property Code and are the full and entire property of MyClass Monaco, which the Customer expressly acknowledges.
The intellectual property rights of MyClass Monaco on the Platform and its Content remain in force until the last related right regularly falls into the public domain.
7.3. The Customer expressly undertakes not to infringe, directly or indirectly or through third parties with which he is associated, the intellectual property rights of MyClass Monaco.
The Client acknowledges that MyClass Monaco grants him, hereunder, only a limited, non-exclusive and non-transferable right to access the Platform and to consult the Content ordered by the Client from MyClass Monaco.
The Customer shall in particular refrain from:
7.4. Without limiting the scope of the other stipulations of the T & Cs, the name "MyClass Monaco", the logos, the domain names, the site and all the other trademarks and/or trade names contained on the Platform or any Content available on this the latter are trademarks, trade names or trademarks of MyClass Monaco (hereinafter collectively referred to as " Brands "). The Customer expressly agrees not to reproduce, represent or use in any way the Marks, under penalty of civil and criminal prosecution.
7.5. The Costumer's commitments provided for in this article 7 remain in force until the last intellectual property right of MyClass Monaco falls into the public domain.
In the event of use of the Platform or of the Content exceeding the use defined in the T & Cs, the Customer is exposed to infringement proceedings, both civil and criminal, or economic free-riding and unfair competition.
Under the Contract, MyClass Monaco is required to implement the processing of Personal Data of the Client or User, in particular a minor, subject to the prior consent of the holder of parental authority. For the purposes of these T & Cs, the Personal Data of the Customer and/or User is understood in particular to include their name, first name, age, class, postal address, email address, account ID and personal password.
In accordance with the Applicable Data Protection Regulations, MyClass Monaco, which acts as "Data Controller", expressly undertakes to carry out a lawful, fair and transparent processing of Personal Data, minimized, secure and proportionate to the purposes set out below.
The processing of Personal Data implemented by MyClass Monaco is necessary to allow the latter to manage the Content order placed by the Customer, make said Content available to the Customer and the User on the Platform, as well as to ensure the administrative management of the Customer's account created on the Personal Space to allow the order to be placed. The User's Personal Data will also have the purpose of creating virtual classes to allow the provision of Content on the Platform.
The legal basis for this processing of Personal Data is, on the one hand, the execution of the Contract, in accordance with the provisions of Article 10-2 of Law no. 1.165 of 23/12/1993 relating to the protection of personal information and article 6.1.b) of the General Data Protection Regulation, and on the other hand the express consent of the holder of parental authority with regard to of the Personal Data of the Minor User.
The Personal Data of the Costumer and the User are strictly confidential and intended exclusively for MyClass Monaco, which expressly undertakes to process said Personal Data in strict compliance with the Regulations Applicable to the Protection of Personal Data. More particularly, MyClass Monaco undertakes not to disclose, assign, rent or transmit the Customer's Personal Data to third parties, except with the express authorization given by the latter, or a legal or judicial obligation requiring it to do so. It is therefore specified that MyClass Monaco expressly undertakes not to use and / or exploit the Personal Data of the Client for purposes other than those mentioned above, and expressly refrains from any use of the Personal Data of the Minor User. for commercial purposes.
MyClass Monaco expressly declares that it has put in place the technical and organizational measures necessary to guarantee the security of the Personal Data of the Customer and / or User.
The Customer's Personal Data relating to the transaction which is processed under the Contract will be kept for the period necessary for its execution, then will be archived by MyClass Monaco for the legal archiving period for probative purposes, under conditions guaranteeing the security and confidentiality of Personal Data. Likewise, the Customer's Personal Data collected for the purposes of managing his account in the Personal Space is kept for a period of five (5) years from his last connection to the Personal Space, then will be automatically deleted by MyClass Monaco. In accordance with the Regulations Applicable to the Protection of Personal Data, the Customer and / or User have (s) a right of access, rectification, limitation, erasure and portability of their Personal Data.
They also have the right to lodge a complaint with the Nominative Information Control Commission, or any other supervisory authority competent in matters of personal data protection, if it considers that the processing carried out by MyClass Monaco constitutes a violation of his Personal Data.
On the other hand, the execution of the Contract requiring the processing of the Personal Data of the Client, the latter acknowledges and accepts that he does not have the right to oppose the processing of his Personal Data by MyClass Monaco, except in the event of termination of the Contract under the conditions provided for in these T & Cs and subject to the deletion of his account in the Personal Space. The Customer may nevertheless freely withdraw consent and oppose, at any time, the processing of the Personal Data of the User who is a minor over whom he has parental authority.
The rights of each Party over their Personal Data may be exercised at any time with MyClass Monaco by email at the address email@example.com The Customer is invited to specify the reason for his request and to justify his identity.
Les Parties s’engagent à considérer comme strictement confidentielles toutes les informations, de quelque nature que ce soit et sur quelque support que ce soit, transmises par une Partie à l’autre, ou à laquelle une Partie aurait eu accès ou aurait pu recueillir à l’occasion de l’exploitation et/ou de l’utilisation de la Plateforme.
MyClass Monaco undertakes in particular to maintain the confidentiality of the information collected during the conclusion of the Contract by the Customer and relating to it, as well as any information communicated during the use of the Platform.
This obligation will remain in force for the duration of the use of the Platform and for a period of five (5) years, from the closing of his account in the Personal Space, whatever the cause or the date.
Cette obligation de confidentialité ne s’applique cependant pas aux informations à l’égard desquelles la Partie qui les reçoit peut apporter la preuve :
10.1. MyClass Monaco ensures the availability and continuity of the Platform within the limits of technical possibilities. It is therefore understood that MyClass Monaco can in no way be held responsible for any interruption of the Platform due to technical problems, malfunction, maintenance, congestion of the Internet network or failure of any other remote transmission system that could prevent the Platform from functioning.
Consequently, the Customer expressly acknowledges that:
Dès lors, sous réserve de ce qui est autorisé par la loi applicable, aucune responsabilité ou mise en cause par le Client ou toute autre personne affectée par la Plateforme ne saurait être reconnue pour tout dommage, y compris, sans limitation, les dommages indirects, dommages spéciaux, punitifs ou découlant de l’utilisation de la Plateforme, provenant de : (i) l’indisponibilité de la Plateforme ou (ii) toute difficulté technique affectant la Plateforme ou (iii) incapacité d’utiliser, en totalité ou en partie, la Plateforme ou (iv) accès non autorisé ou altéré à la Plateforme, ou (v) une violation des CGVU par le Client.
The Customer is free to immediately cease using the Platform and to request the closure of his Personal Space. In the event that certain jurisdictions do not recognize the exclusions or limitations of liability for damages resulting from the use of the Platform, the above exclusions will not be applied to the Customer before these jurisdictions.
In the event that MyClass Monaco's liability is involved, in particular due to a malfunction of the Platform, MyClass Monaco may prevent such an action, at its sole discretion, by correcting the anomaly or by updating the platform.
In any event, the Customer expressly acknowledges that MyClass Monaco has no control over the comments and opinions issued by Customers on the Platform, and cannot assume any responsibility in this regard.
The Content and other information are made available on the Platform, accessible at www.MyClass.mc according to the SAAS - Cloud information processing system. Through this system, no software installation is required to access the Platform as a website. No maintenance is therefore required on Customer workstations as part of such use of the Platform. The functionality of the Platform is automatically updated on the Platform, without the need for any download for Customers. Customers must nevertheless regularly update their internet browser to ensure their perfect compatibility with the Platform.
12.1. The T & Cs take effect from the conclusion of a Contract between the Costumer and MyClass Monaco, in accordance with the provisions of Article 4 above. The T & Cs will remain in force for the duration of the use of the Platform by the Customer, subject to the closure of his Personal Space making it impossible to access the Content of the Platform.
12.2. As an exception to the above, each of the Parties may, in the event of technical difficulties or failure by the other Party to fulfill its obligations under the GCSU, following formal notice to regularize the situation which has remained unsuccessful at the end of a period of fifteen (15) days, from its first presentation, by any written means with acknowledgment of receipt, terminate the Contract. In the event of violation of the T & Cs by the Client, MyClass Monaco may also limit, prohibit or block the Client's access to all or part of the Platform, and / or modify its operating conditions (pricing included), without any notice or compensation.
In the event of termination attributable to the Client, the latter will be informed of the termination of his access to the Platform and the closure of his Personal Space by email. In the event that MyClass Monaco suspends, terminates or blocks the Client's access to the Platform, the latter must not attempt to re-register, to connect via the Personal Space of another client or to give false information in order to create a new account, without the prior written consent of MyClass Monaco.
In particular, the obligations relating to the use of the Platform and the consultation of the Content, as well as the obligations relating to the use of the Platform and the consultation of the Content, as well as the obligations relating to the use of the Platform and the consultation of the Content, as well as the relative obligations intellectual property rights and confidentiality, respectively provided for in Articles 6, 7 and 9 of the GTCSU.
12.3. In the event of termination of the T & Cs, regardless of the author, the Customer agrees to immediately and permanently cease all use of the Platform.
12.4. In any event, the termination of the T & Cs will not exempt the Customer from its obligations under the T & Cs (including, but not limited to, in terms of intellectual property, confidentiality, etc.).
Any violation or attempted violation of any of the provisions of these T & Cs, by a Client, causes irremediable damage to MyClass Monaco. MyClass Monaco may therefore bring any recourse at its disposal with a view to enforcing any provision of the T & Cs and preventing the Client concerned from disclosing, modifying, transferring and / or using the Platform, in whole or in part, directly as indirectly, in violation of the T & Cs.
In the event of illegal or unauthorized use of the Platform, and / or violation of the Content, MyClass Monaco reserves the right to report the violation to the judicial and / or police authorities.
Notifications to the Customer are sent regularly by email to the contact details indicated by the Customer as part of the conclusion of the Contract.
It is also agreed that MyClass Monaco may proceed to all notifications to the Client directly on the interface of his account in the Personal Space on the Platform.
In accordance with the applicable regulations relating to contracts concluded at a distance (article 10 of Law n ° 1.383 of August 2, 2011 on the Digital Economy applicable in the Principality of Monaco), the Customer having the quality of consumer or non-professional has in principle a period of seven (7) clear days from the conclusion of the Contract to exercise their right of withdrawal under the conditions set by sovereign ordinance, without having to justify reasons or pay penalties.
Nevertheless, within the framework of these T & Cs, the Customer expressly declares to waive his right of withdrawal by requesting the full performance of the Contract by the immediate availability of the Content on the Platform, in accordance with the provisions of Article 1er paragraph 2 of Sovereign Ordinance No. 6.702 of December 7, 2017 implementing Article 10 of Law No. 1.383 of August 2, 2011 on the Digital Economy, as amended. Thus, the immediate availability of the Content on the Platform for the benefit of the Client makes it impossible to request the exercise of the right of withdrawal, which the Costumers expressly acknowledges and accepts.
The Customer is invited to contact MyClass Monaco for any question relating to the Platform and/or its use. To do this, the Customer may send an email at any time to the address firstname.lastname@example.org.
17.1. If one or more stipulations of the T & Cs are held to be invalid or declared as such in application of a law, regulation or following a final court decision, the other stipulations will remain valid and will retain all their force. In such a case, MyClass Monaco undertakes to make the necessary changes without delay and to promptly inform the Customer thereof.
17.2. No fact of tolerance on the part of MyClass Monaco with regard to the application of any clause of the T & Cs may be interpreted as a waiver of its rights granted by said clause of the T & Cs.
These T & Cs, and more broadly the relationship between MyClass Monaco and the Costumer, are governed and interpreted in accordance with Monegasque laws and regulations.
The Parties undertake to submit any dispute relating to these T & Cs, their interpretation, validity and/or execution to an attempt at amicable resolution which should in any event not last more than forty-five (45) days.
The Customer is informed of the possibility of having recourse free of charge, in the event of a dispute, to a conventional mediation procedure offered by MyClass Monaco or to any other alternative mode of dispute settlement.
In the event of failure of the amicable resolution attempt, after a period of two (2) months, from the first notification relating to the dispute, the Parties shall submit the said dispute to the materially and territorially competent courts.