Holy Owly by Kids MBA

Terms and conditions of use for the Holy Owly application and the option to meet weekly with a Coach via Skype :

Conditions for the supply of our digital content

( Version as of September 30, 2020)

Contracting Parties: The sales governed herein are concluded between the Customer and the Company:
Kids MBA, SAS with capital of 13,810 euros,
Head office : Village by CA, 7 place Saint Jacques 25000 Besançon, FRANCE
Registered at the Registre du Commerce de Besançon under the Siret number : 813 221 199 00025
Intracommunity VAT number: FR22813221199
whose email address for any contact is : contact@HolyOwly.fr

Any order obliges the customer to pay

Scope of application

Access to our application is free of charge for the content we choose at our sole discretion. This free access does not imply any obligation or responsibility on our part

Unlimited access to the content of the application, and depending on the subscription subscribed to, is subject to a fee and implies placing an order under the terms and conditions herein. Any order is with obligation of payment.

Our application is configured and compatible with the most commonly used standard operating systems. We cannot be held responsible if the operating system of the client's hardware does not allow free and complete access to our site.

The present conditions of sale define the terms of supply by Kids MBA, on its site « HolyOwly.fr» and in the online stores, of digital contents not provided on a material support, to a consumer for his personal and non-commercial use.

To make an order, the customer must have full capacity to contract and that he is the end user of the contents (directly or as legal representative of the minor user).

The fact that the Customer places an order implies full acceptance, without modification or reservation of these GCS. Our GCS cannot be validly the object of complementary or contrary stipulations, modification or renunciation on the part of the customer without the express written agreement prior to any order from Kids MBA.

The fact that Kids MBA does not avail itself at a given moment of one of the stipulations of the present General Terms and Conditions cannot be interpreted as a waiver of the right to avail itself of them at a later date.

The GCS applicable to an order are those in force on the day the customer places this order. Kids MBA reserves the right to modify the terms and conditions of sale. Kids MBA will inform the customer of the modifications by email and will invite him to give his agreement on the modifications.

The customer will not be able to transfer to a third party any information provided, the use of which is reserved for strictly personal use.

Ordering, access to content and service delivery

An order requires that all required fields be filled in by the customer with complete, current and accurate information. Any error made by the customer (in particular on the mentions relating to the internet address) exonerates Kids MBA from any responsibility because of these errors.

The customer chooses identifiers, username and password, which he assumes the memorization and use under his sole responsibility.

The order placed by the customer becomes firm and final for the content he selects after full payment of the price by the customer in the blinds and on the website dedicated to this purpose and confirmation of said order according to the terms of the confirmation sent to the customer by Kids MBA.

The online order confirmation is sent to the customer within 48 working hours at the latest. The customer must check that he has received his confirmation within this time limit and, if not, inform us in writing (on our site via our "contact" tab or by post) of the non-receipt of this confirmation. Failing this, the proof of sending the order confirmation to the address exactly as indicated by the customer on his order will be considered as proof of receipt.

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 can be transferred, in any way whatsoever, in whole or in part, to a third party.

Once the order has been validated, paid for and the confirmation received in return, the user IDs and passwords created by the user will allow him/her to connect to his/her customer area to either use the content of the application alone or the area to make an appointment with a coach if the option has been subscribed to. The internet platform for making an appointment with a coach will allow the user to manage his appointments: reservation/cancellation of sessions, choice of Coach, etc.

Period of validity of courses via Skype

The purchase of a Skype session gives access to 15 minutes of conversation with a native coach. Sessions must be taken consecutively and cannot be rescheduled more than twice or they will be lost. The client can make an appointment with his Coach up to 48 hours prior to his class and cannot cancel his session less than 24 hours before the Skype meeting in which case the session will be lost. A push notification system allows you to know the deadlines by reminding you of the date and time of the upcoming appointment. In case of postponement of the session due to Kids MBA or cancellation of a Coach 48 hours before the session, Kids MBA will propose a replacement by another Coach. If this situation occurs 24 hours or less before the session, Kids MBA will offer to reschedule the session at the client's convenience.

Billing and Payment

The prices of our products are indicated all taxes included. All orders, whatever their origin, are payable in euros. Kids MBA reserves the right to modify its prices at any time. The products are always invoiced on the basis of the prices in force at the time the order is registered.

The total invoiced price including VAT to be paid is shown in the presentation of the order confirmation that the customer must validate before making the corresponding payment. Only the full payment of the price including all taxes on the Kids MBA payment site or in the blinds chosen by the customer allows the validation of the order. No discount is granted for early payment.

The services offered by Kids MBA are not free of charge. The payment of your purchases is made by credit cards. Payment by check is not available. The customer agrees to pay the full price and charges for the product purchased, including taxes. Kids MBA can modify the price after notifying the customer. The customer is solely responsible for the effective payment of the purchased product. Only the user is responsible for the payment by credit card of the service offered. Kids MBA is not responsible for problems related to the operation of the e-commerce service.

Payment must be made in full by credit card for online orders on the site or payment in full through the payment system in the stores. Any credit or refund for an order will be made to the same account as the account debited for the order concerned. The customer undertakes to inform us of any changes, if any, to the order.

The online entry of the customer's credit card number and its final validation of the order will serve as proof of his order by him or in his name and on his behalf and for his account and due date of the sums appearing on the order form.

Promotional or other offers are valid only for the period mentioned. Any order will be able to benefit from it as long as it is placed and firm within the period in question.

Conditions for exercising the right of retraction

By validating your purchase, you accept our terms of sale " I accept the general conditions of sale ". You cannot cancel your order for the delivery of content if the download has started at your request, which is an acknowledgement that you lose your right of withdrawal.

The right of withdrawal may not be exercised for contracts: "For the supply of services fully performed before the end of the withdrawal period and whose performance has begun after prior express consent of the consumer and express renunciation of his right of withdrawal" specifically provided for in article L 121-21-8 1° du Code de la consommation.

Skype courses already taken or lost (courses cancelled less than 24 hours before the start of the course) will not be refunded under any circumstances.

Duration of initial subscription and renewal

The duration of the subscription is specified for each of our offers. Once the access to the content is opened under the conditions mentioned above, is at the sole convenience of the customer. The choice of the customer not to use his subscription or to use only part of the contents attached to his subscription can never justify a reduction of the price or a refund of the subscription.

The initial contract is concluded for the duration of the subscription chosen by the customer. It will then be tacitly renewed for the same period as the subscription initially chosen. The subscription can be cancelled at any time via the settings of your Apple ID. In this case, cancellation must be made at least 24 hours before the end of the current payment period. The non-renewed current subscription will then end at the end of the current payment period..

The renewal is made at the price conditions applicable to subscriptions of the same duration and in force on the effective date of the renewal.

At the time of each renewal, the customer must, if necessary, inform us of any change in his data as recalled in the written information for the rejection of the tacit renewal.

It undertakes to keep its data up to date: those necessary for identification, correspondence and payment of subscriptions, in particular.

See our tutorial for the cancellation of your subscription at the bottom of the General Sales Conditions

Warranty and Liability

Before placing an order, the customer has every opportunity to get an idea of some of the various contents offered free of charge for this purpose. No further guarantee that the existence of the contents is given by Kids MBA. Consequently, the client is presumed to be perfectly informed of the nature of the website, its purpose and the contents offered and of the only obligation of means of Kids MBA.

Kids MBA assumes with respect to the customer all obligations that the law places on him/her with regard to the supply of the ordered content under the legal guarantees.

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

The option to connect with a native coach requires the installation of the Skype application on the client's tablet or smartphone.

Kids MBA presents its content in a standard format used in France. Kids MBA regularly evolves its contents to adapt to the needs of updating the application and to the evolutions in terms of fun and language in particular. This need for evolution is inherent to the nature of the object of our site, which is expressly recognized and accepted by the client. No modification of subscription can therefore be made.

In accordance with the regulations, Kids MBA commits itself to respect its obligations relating to the guarantees attached to the supply of digital content not provided on a material support.

The client uses the services of Kids MBA at his/her own risk. Kids MBA cannot guarantee in any way that the services offered will not be interrupted. Kids MBA's obligation to provide is limited to an obligation of means.

Kids MBA strives to ensure that the online language portal is working properly at all times. However, Kids MBA does not guarantee uninterrupted access to the portal.

Liens

Kids MBA or a third party may link to other sites or sources. Kids MBA has no means to control these sites and sources, and does not guarantee or warrant the availability of such external sites and sources. Kids MBA does not appropriate the contents to which these sites or sources give access, and excludes all responsibility and guarantee with regard to these contents.

Holy Owly Newsletter

By registering in the Holy Owly application, users accept that Kids MBA can send them, at a frequency and in a form that it will determine, a newsletter (newsletter) that may include information related to its activity.

They also agree to receive commercial offers from Kids MBA for promotional offers. Subscribed users will have the option to unsubscribe from the newsletter by writing to contact@HolyOwly.fr

Confidential information and privacy protection

Kids MBA respects your privacy. The conditions relating to the protection of personal data and privacy are described in our data protection policy available here.

Intellectual Property

All texts, comments, voices, illustrations and images reproduced on the Holy Owly application by Kids MBA or used during the entire duration of the course are reserved under copyright as well as intellectual property rights and for the entire world. For this reason and in accordance with the provisions of the intellectual property code, only private use is permitted subject to different, or even more restrictive, provisions of the intellectual property code. It is however forbidden to the customer, outside of this use, to copy, reproduce, distribute, sell, publish, exploit in any other way and distribute in another format in electronic or other form the information on the site HolyOwly.fr or on the Holy Owly application. Consequently, any other use constitutes counterfeiting and is punishable under intellectual property law, unless prior authorization from Kids MBA. Any total or partial reproduction of the Holy Owly application is strictly forbidden.

The reproduction of one or more of the contents and services present on the site HolyOwly.fr and the Holy Owly application, in its entirety or not, is subject to reproduction rights.

Force majeure

Kids MBA and any third party involved in the provision of the service will not be held responsible for any failure or delay in the performance of their obligations under the terms and conditions, resulting from causes beyond their control, including but not limited to force majeure, acts of civil or military authorities, fire, floods, earthquakes, riots, war, acts of sabotage, network failures, electronic file coding errors, computer hacking, software limitations or inability to obtain telecommunications services or government action, provided, however, that the parties involved take all reasonable steps to mitigate the effects resulting from such situations.

Applicable law and jurisdiction

The version applicable to sales is the French language version. Sales made on the site are subject to French law. Any dispute arising between and a consumer purchaser of the products for his personal use will be submitted to the Courts of the registered office of the seller, in this case the court of Besançon.

If the parties are unable to settle any dispute relating to the Terms and Conditions within fifteen (15) days of written notice by either party to the other regarding such dispute, the dispute shall be settled by the court of competent jurisdiction.

OUR COMMITMENTS:

• NO ADVERTISING
• PROTECTION OF EXTERNAL LINKS
• INTEGRATED PURCHASING PROTECTION

Tutorial for terminating your subscription in the Apple Retail Store

On your iPhone, iPad or iPod touch

1. Go to Settings >iTunes Store and App Store.
2. Touch yourApple login at the top of the screen.
3. Touch Show Apple ID. You may also need to log in or use Touch ID
5. Touch Subscriptions.
   
6. Touch the subscription you want to manage.
   If no subscription appears, but you are still being billed, make sure you are logged in with the appropriate Apple ID. If so, you may have subscribed directly with the provider in question, not through iTunes. If this is the case, contact the content publisher or app developer directly to cancel your subscription. You may only manage the subscriptions made via the app News in Settings.
7. Use the options provided to manage your subscription. You can choose a different subscription offer, or touch Cancel Subscription to cancel your subscription. If you cancel, your subscription will be terminated at the end of the current billing period.

Tutorial on how to cancel your subscription in the Google Play Store

Cancel a subscription

1. Go to the pageplay.google.com/store/account.
2. Find the subscription to cancel.
3. Click on Cancel subscription

Important : Uninstalling an application does not automatically terminate the subscription. You must cancel the subscription to terminate it. If you uninstall the application without canceling the subscription, you will still be charged for the subscription. If an application to which you have subscribed is removed from Google Play, future subscriptions will automatically be cancelled, but previous subscriptions will not be refunded.

Access after cancellation

When you cancel a subscription, you still have access to it until the end of the period already paid for.

For example, if you take out a one-year subscription on January 1 for €10 and decide to cancel it on July 1, you will have access to the content until December 31. However, you will not be billed this annual amount again on January 1st of the following year.

If you cancel your subscription and wish to reactivate it afterwards, reconfigurez-le.

Legal Notice: Kids MBA SAS RCS Besançon SIRET 813 221 199 00017
Head office Kids MBA: Village by CA, 7 place Saint Jacques 25000 Besançon