Terms of Service

1. Purpose

These general conditions define the rights and obligations of the parties, Scholistico on one hand and the client (the "Client," "you") on the other, in connection with the sale of online programs covering various themes, delivered electronically through text, video, audio, knowledge tests, and similar media (together or separately, the "Programs"). The Programs constitute digital content supplied electronically and are made available in the Client’s personal account immediately after the order is completed, via https://scholistico.com/.

2. Acceptance and Enforceability

The version of these Terms binding on the Client is the version published on the website at the time the Client validates the order. By completing and validating an order, the Client confirms having read, understood, and accepted these Terms in full, including the provisions on access, withdrawal, and refunds. We may modify these Terms at any time; any modification applies only to orders placed after it is published and does not affect orders already concluded. Each version is archived by Scholistico and provided on request.

3. The Programs

3.1 Program descriptions

Each Program is described on its dedicated page on the website, including its curriculum, the titles of all modules, its format, the materials included, and the price. This description is available to the Client in full before purchase and forms part of the contract. By placing an order, the Client confirms having reviewed the description of the Program and selected it on that basis.

3.2 Access and duration

Following purchase, the Client receives immediate access to the Program in their personal account, and the access credentials are also sent to the Client by email. Access is granted for an indefinite period. The Client may begin, pause, and resume the Program at any time.

3.3 Updates and continued availability

We take reasonable measures to keep purchased Programs available in the Client’s account on an ongoing basis. We may update, improve, correct, or replace materials over time. Where we do so, the Client retains access to the current version of the Program purchased.

3.4 Information, suitability, and technical requirements

We take the greatest care to present accurate information on the essential characteristics of each Program before purchase. Minor variations in presentation that do not affect the essential characteristics of a Program do not engage our liability.

The Client declares that, before ordering, they received all the information necessary to make their decision and verified that the Program meets their needs. The Client confirms having the equipment and connectivity needed to access the Program (a computer, smartphone, or tablet with internet access, capable of displaying text, video, and audio). A lack of suitable equipment or connectivity on the Client’s part is not a defect.

Scholistico does not guarantee that the Programs are adapted to the needs of the Client, who is solely responsible for the choices they make at the time of ordering, nor for the assimilation of the Programs by the Client, which depends in particular on the diligence and seriousness with which the Client understands and applies the material. The exercises have an educational purpose of research and personal improvement, which Scholistico does not reciprocate in any way.

3.5 Certificates

The activities covered by the Programs are not, as at the date of these Terms, subject to mandatory professional regulation in most jurisdictions. On successful completion of the relevant assessments, Scholistico issues a certificate or attestation of completion in the Client’s name, which can be downloaded and printed.

A certificate or attestation of completion certifies completion of the Program only. It does not constitute a state-recognized or government-issued qualification and does not, by itself, confer any legal right, title, or authorization to practise a regulated profession. The Client is responsible for verifying the requirements applicable to any activity they intend to carry out, and for representing the nature of the certificate accurately to third parties.

The issuance of a certificate constitutes full consumption of the Program. Once a certificate has been claimed or issued, the Program is deemed completed, and Section 8 applies.

4. Prices

The price of each Program is indicated on its dedicated page on the website and at checkout. Prices are shown in the currency displayed to the Client at the time of order, and any applicable taxes are indicated at or before checkout. The total amount payable is confirmed to the Client by email once the order is placed.

Scholistico may modify its prices at any time. However, each order is invoiced on the basis of the price in force at the time the order is placed, and any later price change or promotion does not entitle the Client to an adjustment or partial refund of a completed order.

5. Order

5.1 Placing an order

The order process consists of the following steps:

Step 1 — the Client selects the Program;

Step 2 — the Client reviews these Terms;

Step 3 — the Client accepts these Terms in full;

Step 4 — the Client fills in the mandatory fields of the identification and/or information forms and declares that the information provided is true and correct;

Step 5 — validation of the order;

Step 6 — an account is created automatically by the system following the successful order; the Client immediately receives access to the Program in their personal account, together with their access credentials, and a confirmation is sent to the Client’s email address;

Step 7 — the Client accesses the Program from their personal account on the website.

5.2 Order confirmation

In accordance with the applicable regulations, the contractual information will be confirmed by email to the email address indicated by the Client on the order form. This confirmation email will contain the following information:

• Order details and access credentials for the Program;
• Instructions to access the Program. It is the Client’s responsibility to keep the contractual information on the medium of their choice. Scholistico reserves the right not to confirm the order in case of refusal of payment authorization, incorrect address, or any other problem with the order.

In this case, Scholistico will inform the Client by email. The order will only become final after full payment of the price by the Client.

6. Payment

During the order process, the Client selects the Program they wish to acquire. The Client must pay all applicable fees before accessing the Program. If the Client holds a promotional code entitling them to a discount, the code must be entered at the time of completing the order.

6.1 Methods of payment

Payment is made online by credit card or via PayPal. The amount is charged at the time of the order. No banking information concerning the Client is transmitted to or stored by Scholistico; payment is processed by Scholistico’s payment service providers. The order is registered and validated once payment has been accepted by those providers.

7. Warranty

Scholistico cannot be held responsible for the misuse of the Programs by the Client, nor for non-compliance with the regulations and legislation in force in the Client’s country. The Programs sold by Scholistico are subject to the mandatory legal guarantees provided under the consumer protection laws applicable in the Client’s jurisdiction, to the exclusion of any other guarantee:

• Legal guarantee of conformity: Scholistico provides the Client with a Program that conforms to the contract and is free of conformity defects at the time it is made available, meaning the Program is fit for the use usually expected and has the characteristics presented at the time of sale. Scholistico cannot be held responsible for any lack of conformity resulting from the Client’s own use or setup. This guarantee applies if the Client requests it within two years of the Program being made available.
• Where a conformity defect exists, the Client may obtain correction of the Program (for example, by Scholistico supplying the missing or non-conforming element). Where correction is impossible or fails, the Client may either be refunded the price and lose access to the Program, or keep the Program and be refunded part of the price, unless the lack of conformity is minor.
• Legal guarantee against hidden defects: Scholistico provides a Program free from hidden defects that render it unfit for its intended purpose, or that so diminish that purpose that the Client would not have purchased it, or would have paid less, had they known. This guarantee applies if the Client requests it within two years of discovering the defect. In such a case, the Client may return the Program for a refund of the price, or keep it and be partially refunded. It is for the Client to prove that the conditions of the guarantee are met.
• Guaranteed access: Access to the Programs and to the online assessment is unlimited in time.

8. Right of withdrawal and refunds

In accordance with applicable legal provisions, Scholistico is not bound by any statutory right of withdrawal that may otherwise apply with respect to the supply of digital content not provided on a tangible medium, where performance has begun with the Client’s prior express consent. The Programs are digital content supplied electronically and made available immediately after the order is completed. The Client therefore expressly consents to immediate access and acknowledges that, once access is provided, the right of withdrawal is lost. Accordingly, no refund can be granted on this basis.

Independently of the above, and as a voluntary commercial gesture, Scholistico offers a 30-day satisfaction guarantee on Programs purchased directly from the Scholistico website. A refund will be granted in either of the following cases:

(a) Non-conforming Program, where all of the following apply:

• the request is made within 30 days of the purchase date;
• the Program does not conform to the essential characteristics described on its sales page, and Scholistico has been given the opportunity to correct the issue under Section 7; and
• the Client has not completed the Program and has not claimed or been issued the certificate.

(b) Duplicate charge, where the Client has been charged more than once for the same Program as a result of a duplicate or erroneous transaction, and the request is made within 30 days of the purchase date. In this case Scholistico will refund the duplicate charge. This applies only to repeated charges for the same Program and does not apply to separate purchases of different Programs.

This voluntary guarantee does not cover requests made for reasons unrelated to a genuine defect in the Program. In particular, it does not cover requests based on:

• a change of mind or loss of interest after purchase;
• a lack of time to follow the Program, as access is granted for an indefinite period and does not expire, allowing the Client to begin at any time;
• the Client’s personal, financial, or health circumstances, which do not affect the Client’s continued access to the Program;
• the Program not being suitable for the Client’s needs or expectations, as the full curriculum, all module titles, the format, and the price are displayed on the sales page before purchase; or
• an accidental or mistaken purchase, as access is granted only after a multi-step order process requiring the Client to actively select the Program, review and accept these Terms, complete the order form, and validate the order.

In each of these cases, the Program conforms to the characteristics presented at the time of sale, and no refund is due.

Refunds will not be processed once the Program has been completed or the certificate has been claimed or issued, regardless of whether the request falls within the 30-day period.

Where a refund is granted under this voluntary guarantee, it is issued within 14 business days of acceptance, using the original payment method.

9. Scholistico+ Membership

This Section governs Scholistico+, an optional paid membership offered on a recurring subscription basis. It applies in addition to the rest of these Terms; where a conflict arises in respect of the membership, this Section prevails.

9.1 What Scholistico+ includes

While your membership is active, Scholistico+ gives you:

• access to every practice tool in the Scholistico tool library, including tools added while your membership is active;
• access to the AI Tutor; and
• access to the members-only community, together with a member badge shown on your profile.

Courses, printed certificates, and the issuance of certificates are sold separately; they are neither included in nor affected by your membership. Any other benefit that may be mentioned in marketing from time to time — for example early access to new releases, priority support, or discretionary discounts — is offered at Scholistico’s discretion, is not guaranteed, and does not form part of this contract unless it is expressly stated at checkout.

9.2 Free trial

Scholistico+ may be offered with a free trial for the period shown to you when you subscribe (for example, fourteen days). No membership fee is charged during the trial. Unless you cancel before the trial ends, the membership converts automatically into a paid subscription and the first membership fee is charged at the end of the trial. We will send a reminder to the email address associated with your account before the trial ends. A free trial is available only once per customer.

9.3 Price, billing, and automatic renewal

The membership is billed in advance, at the recurring price and billing interval shown to you at the time you subscribe — monthly or yearly, depending on the plan you choose. The price and currency displayed at checkout are the ones that apply to you.

By subscribing, you authorise Scholistico and its payment providers to charge your chosen payment method, automatically and without further action by you, the applicable membership fee at the start of each billing period, until the membership is cancelled. Your membership renews automatically for successive periods of the same length. This is a recurring payment that continues until you cancel it.

9.4 Cancellation

You may cancel Scholistico+ at any time from your account, under “Subscriptions.” Cancellation takes effect at the end of the current billing period: you keep access to membership benefits until that date, and you are not charged for any period after the one already in progress. Cancelling your membership does not affect any course or other product you have already purchased.

9.5 Membership fees are non-refundable

Except where a refund is required by mandatory law, membership fees that have already been charged are non-refundable, and no proration is applied when you cancel. Cancelling part-way through a paid period does not shorten your access before the period ends, and does not entitle you to a partial refund. The 30-day satisfaction guarantee in Section 8 applies to Programs purchased directly from the Scholistico website and does not apply to Scholistico+ membership fees.

9.6 Failed payments and suspension

If a renewal payment cannot be collected, we may attempt to charge your payment method again, and we may suspend or end your membership and its benefits until payment is successfully made. You are responsible for keeping your payment details valid and up to date.

9.7 Changes to price or benefits

We may change the membership price or the benefits included in Scholistico+. We will give you reasonable prior notice of any increase to your recurring price, or of any material reduction in benefits, before the change takes effect, and the change will apply from your next billing period. If you do not accept the change, you may cancel as described in Section 9.4 before it takes effect.

9.8 Personal use and statutory rights

Your membership is personal to you and non-transferable. Nothing in this Section removes or limits any mandatory consumer right that applies where you live, including any statutory right of withdrawal; where such a right applies to your membership, it operates as described in Section 8 and under applicable law.

10. Protection of personal data

The information requested, in particular through the forms, is necessary for the processing of the order and will be communicated, if necessary, to the service provider(s) in charge of the execution of the order. It may also be used to get to know the Client better and to adapt Scholistico’s offer to the Client’s needs.

11. Intellectual Property

11.1 General information

The elements belonging to Scholistico, such as the website https://scholistico.com/, the texts, the brands, the models, the Programs, the logo, the images, the graphic charter, the tutorials, the audio files, and the videos, without this list being exhaustive, are the exclusive property of Scholistico. These general conditions do not imply any transfer of intellectual property rights of any kind on the elements belonging to Scholistico to the Client. Scholistico grants a non-exclusive, personal, and non-transferable right of access to the site for use in accordance with the conditions described in this document.

11.2 License

The Programs are intended exclusively for natural persons for personal and nominative use. Training bodies or collective organizations are excluded from the license. Scholistico only grants the Client the right to use the Programs for personal learning purposes. Any other use is considered an infringement and is punishable by the laws on intellectual property.

The Client is therefore prohibited from directly or indirectly infringing on the property rights of Scholistico and from exploiting in any way whatsoever the texts, names, brands, logos, animation concepts, and audio files. Any resale, exchange, or rental of files, audio, videos, and/or tutorials to third parties is strictly forbidden.

The Client agrees to respect all the rights of Scholistico and to refrain from creating any analogy in the public mind for any purpose whatsoever.

You can read, download, and print the texts and information made available on the site under the following conditions:

• You may not allow others (including individuals within your organization) to use your registration data or access the Programs without registering and paying a fee;
• You may not use the Programs to provide services of any kind to any other person (including persons within your organization);
• The Program may not be reproduced or incorporated into any other work or publication in any medium;
• The Program may not be modified or adapted in any way;
• You may not remove any copyright or other proprietary notices from the Program.

You agree not to use the Site (including any electronic forums, chat rooms, news groups, or similar pages that may be added to the Site from time to time) to:

• Harass others or disclose personal information about others that may qualify as harassment;
• Publish, post, upload, store, distribute, or disseminate any unlawful, libelous, defamatory, obscene, harmful, confidential, slanderous, hateful, threatening, or otherwise unlawful material or information, or anything else that may constitute a criminal or civil offense;
• Upload files that contain software or other material which is the intellectual property of another or which is protected by third-party rights of privacy or publicity, without obtaining all necessary consents;
• Upload files that contain viruses, corrupted files, or other software or programs that may interfere with or damage the operation of the Site or any computer;
• Create multiple logins;
• Impersonate others;
• Promote or engage in illegal or fraudulent activities;
• Use software that collects material or other information from the site.

You are responsible for making all arrangements and purchasing any equipment or software necessary for you to access the Site and the Programs or materials. In particular, you are responsible, at your own expense, for updating your internet browser and any other software necessary for you to view or download the materials.

11.3 Intellectual Property Rights

All intellectual property rights in the Site and the Programs and their materials are and will remain the property of Scholistico. We grant you a personal, limited, non-exclusive license to access and use the Site and the Programs solely in accordance with these Terms. Any other use of the Programs and any copying, reproduction, modification, distribution, sale, or other use of any materials for any purpose will be considered a violation of these Terms. Without prejudice to any other rights or remedies that may be available with respect to such violation, if you print, copy, or download any portion of the Programs in violation of these Terms, you must, at our option, return or destroy all copies of the Programs that you have made.

By downloading material from the site, you own the medium on which the files are stored, but we do not transfer ownership of those files to you, and we retain full ownership of the files and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or reduce the module software to a human-readable form. In general, any infringement of the provisions relating to ownership is likely to be prosecuted under the provisions of Articles L335-2 et seq. of the Intellectual Property Code.

12. Civil liability

12.1 General information

Scholistico cannot be held responsible for the non-performance of its obligations due to a case of force majeure as defined by law or to causes beyond its control (restrictions and limitations of the internet network, network failures, slowness or interruption of the Client’s internet service provider, etc.). In any case, and to the extent permitted by the regulations, Scholistico’s liability is limited to the price of the package chosen and the price actually paid by the Client. In the event of a dispute, Scholistico is therefore liable for the amount of the service.

We expressly exclude any liability for any indirect, consequential, or special loss or damage suffered by you, or any loss of income, loss of profits, loss of anticipated savings, loss of use of computer equipment, loss or destruction of data, or loss of opportunity or contracts (in each case, directly or indirectly) in connection with the site, services, and Programs, or in connection with the use, inability to use, or as a result of the use of the site, services, or Programs, in any manner whatsoever, or caused by tort (including negligence), breach of contract, or otherwise. In addition, Scholistico cannot be held responsible, within the limits of applicable regulations, for direct damages, including immaterial damages, or indirect damages that may result from access to the Site or from the misuse by the Client of the techniques mentioned in the Programs. We also remind you that the hypertext links displayed on the Site lead to other sites whose content is the sole responsibility of the administrators and owners of these sites.

12.2 Viruses, hacking, and other violations

Due to the inherent risks in using the internet, we cannot be held responsible and, to the fullest extent permitted by applicable law, we hereby exclude liability for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other intellectual property on account of your use of the Site or your downloading of any material posted on the Site or any linked site. You may not intentionally or negligently introduce viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material into your use of the Site. You may not attempt to gain unauthorized access to the Site, the materials, or services, the server on which they are stored or from which they are provided, or any server, computer, or database connected thereto. You may not attack the Site by means of a denial-of-service attack or a distributed denial-of-service attack.

12.3 Maintenance

Scholistico reserves the right to perform maintenance on its server and will endeavour to:

• Give the Client at least 24 hours’ notice;
• Minimize service interruption time.

The Client undertakes not to claim any compensation in this respect and furthermore declares that they accept both the characteristics and the limits of the service provided by Scholistico.

13. Completeness

In the event that one of the clauses of this contract would be null and void by a change in legislation, regulation, or by a court decision, this would not affect the validity and respect of these general conditions of sale.

14. Duration

These conditions apply for the duration of the services offered by Scholistico.

15. Proof

The computerized registers, kept on the servers of Scholistico or those of its hosts, will be considered as proof of the communications, orders, and payments made between the parties.

16. Governing law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The Client and Scholistico submit to the jurisdiction of the courts of the Province of Quebec. Nothing in this Section deprives the Client of the protection of any mandatory consumer-protection rule of the country in which the Client resides, including any right to bring proceedings in the Client’s place of residence where such a right is guaranteed by law.