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Terms and Conditions

Terms and Conditions

TERMS AND CONDITIONS OF THE SERVICES OFFERED BY QOCLICO APPLICABLE TO ONLINE ORDERS

Applicable as of December 1, 2018

Article 1 – Scope of application

These Terms and Conditions apply only to the Services offered on the www.qoclico.com website.

For Services whose price is not displayed online and is obtained on quotation, special terms and conditions may apply. If necessary, these terms and conditions, specified on the Site or during written exchanges with the Contractor, shall replace these Conditions.

The use of the Site, as well as any registration and Order, implies full and complete acceptance of these Terms and Conditions.

The Contractor acknowledges that any Order placed on the Site constitutes a distance selling contract and acknowledges, as such, that it has the capacity to conclude it.

The Contractor is required to inform Qoclico in advance if the Training for which it is requesting registration must be handled by a third party (association, school, public body, company, organisation, etc.). If the Contractor requires documents necessary for the request for assumption of responsibility, it must inform Qoclico as soon as possible and send it the documents in question. In any case, Qoclico cannot be held responsible for the failure of third parties to take charge of its Trainings.

Article 2 – Definitions

For the purposes of these Terms and Conditions, the following capitalised terms shall have the following meanings:

Conditions: the present general conditions of sale.

Qoclico: the company BASAP SARL, a company registered in RC Geneva under number CHE-498.624.203, whose registered office is located at rue des Deux-Ponts, 1205 Genève, Canton de Genève – Switzerland.

Site: Qoclico’s website, accessible at www.qoclico.com

Online Order or Order: any act of purchase and/or registration carried out by the Contractor within the framework of the Site.

Contractor: person who contracts with Qoclico on the Site as part of an Order. The Contractor may be the Subscriber itself or an organization that registers it.

Registered: an adult natural person who is registered for a Qoclico Formation.

Visitor: any Internet user visiting the Site, whether or not he makes an Order.

User: a major natural or legal person accessing the Services and having a User Account.

User account: an account specific to a User, including in particular his identifiers (login and password), and whose registration is required to access certain functionalities of the Services.

Identifiers: email address (or any other login ID chosen by the User when allowed) and password allowing the User to identify himself in order to connect to his User Account.

Training: teaching system designed to provide the Subscriber with a set of knowledge and skills developed through a combination of teaching materials and services to support the Subscriber. Training includes in particular learning sessions and individual and group courses, offered in person and/or at a distance. The details and prices of the Training courses offered by Qoclico are available on the Site, with the exception of those requiring a prior estimate.

Content: information, data, texts, software, music, sounds, photographs, images, videos, messages or any other element posted online or communicated to the Subscriber as part of a Service.

Service: any Service provided by Qoclico.

Article 3 – Training Characteristics

The characteristics and descriptions of each Training and, where applicable, the administrative and pedagogical conditions, are specified on the Site. It is the Contractor’s responsibility to take note of them.

Any registration that does not comply with these conditions may be refused by Qoclico.

Article 4 – Validity of offers

Unless otherwise specified, Training offers and prices are valid as long as they are visible on the Site.

In the event of the display of an erroneous, obviously derisory price, for any reason whatsoever (computer bug, manual error, technical error, etc.), the Order – even if validated by Qoclico – will be cancelled, and the Contractors will be informed as soon as possible.

Article 5 – Conclusion of the contract

5.1 Registration on the Site

The Contractor must identify himself on the Site with his user name or e-mail address and his password. If the Contractor does not yet have an online account, he will be asked, when placing his first online order, to register on the Site with the necessary data, namely: Contractor’s first and last name, company name, Contractor’s billing address, telephone number and e-mail address.

5.2 Order Validation

Any Order validated by the Contractor undertakes to send Qoclico the corresponding payment in accordance with one of the methods proposed on the Site. Any validation of an Order implies prior acceptance of these Conditions, which can be consulted on the Site, by ticking the corresponding box.

It gives rise to the sending of an electronic acknowledgement of receipt presenting a summary of the elements of the Order. Any choice of Training and registration session is final, and cannot result in a change of Training. Any modification of a mandatory or optional option to the Training after Registration may give rise to the payment of an application fee by the Subscriber.

5.3 Validation of registration

The effective date of registration is the date of validation of the Online Order by the Contractor.  This final validation is materialized by clicking on the “Order”, “Buy”or “Subscribe” button on the Site at the end of the Order process.

The sending of the identifiers allowing access to the online training space will be done upon receipt and registration of the payment.

Article 6 – Financial provisions

6.1 Registration fees and charges

The applicable rates are those specified on the Site at the time of the Order. They are indicated in Swiss francs (CHF), carriage paid and VAT included.

These rates do not include any additional expenses necessary for a Training and in particular:

the cost of acquiring office supplies and educational supplies complementary to the Training (books, CD-ROMs, etc.).
the costs of access to services (telephone, travel by the Subscriber to attend Training Sessions, Internet connections, etc.), which are the responsibility of the Subscriber or Contractor.
where applicable, the compulsory fees and registration fees for examinations, tests and competitions, payable to the institutions concerned.
any customs duties or local taxes payable by the Subscriber or Contractor for the dispatch of educational documents (copies, courses, certificates). It is the Subscriber’s responsibility to check with the competent local authorities regarding the possible existence of such costs. Qoclico shall not be required to carry out these verifications or to inform the Subscriber or the Contractor thereof.

6.2 Payment methods

The payment methods accepted are those displayed on the Site.

Online orders must be paid by credit card.

Payment of the Order by a payment method other than credit card (bank transfer, direct debit) is possible by contacting the Qoclico team via the contact form or at info@qoclico.com but does not have the effect of postponing the date of order validation made at the time of making contact. The Contractor therefore undertakes to make payment upon receipt of his Order confirmation.

For Orders on quotation, payment is made by bank transfer or direct debit. The Contractor undertakes to make payment as soon as the quotation is accepted, with the mention “good for agreement”.

If payment is not received within 10 days, Qoclico reserves the right to cancel the registration. If the Contractor has been authorized by Qoclico to make payment in several instalments, in the event of non-payment of a due date, the sums remaining due shall become immediately payable, Qoclico reserving the right to recover the sums due by the legal means in force and to suspend the conduct of the Training. Any unpaid, rejected payment submission will result in a penalty for administrative fees equal to 10% of the amount of the amounts due.

Once payment has been received by Qoclico, an Order Summary will be sent by e-mail to the attention of the Contractor.

Article 7 – Access to the online training space

Following the payment of his Order, the Subscriber receives from Qoclico the necessary identifiers to benefit from the services included in his Training, and in particular to access maplateforme.qoclico.com. At the first connection, the Subscriber will be asked to fill in his profile, and if necessary, to take a level test.

Any access to an online training space implies that the Subscriber complies with these conditions. Services are available for the duration of the contract. This period takes effect from the registration date indicated on the registration confirmation.

The identifiers and access codes allowing access to the online training space are personal and confidential. They are strictly reserved for the Subscriber and may under no circumstances be transferred to third parties. In the event of communication of these codes to third parties, Qoclico shall be entitled to terminate the Subscriber’s subscription immediately and without notice. In this case, Qoclico will not refund the sums paid in whole or in part by the Contractor.

Article 8 – Specific conditions and procedures for the execution of the Services

The Contractor may choose to purchase so-called “virtualface-to-face” sessions or language coaching sessions, to subscribe to a monthly or quarterly subscription to Qoclico’s online learning platform, to subscribe to a monthly subscription to correct written material. He can also order a translation service.

8.1 Special Conditions of the Services

8.1.1 Services provided in person

a) Individual courses

The Contractor purchases one or more sessions on the Site. After validating his Order, he will schedule his first session directly on the interactive calendar, of which he will receive the link in the order confirmation email. He can also contact Qoclico via formation@qoclico.compour to determine together the day, time and place of his first session.

If the contractor chooses to purchase several sessions, all sessions are payable in advance, and are non-refundable, even if the Subscriber does not use all sessions during the validity period of these sessions.

b) Group class sessions

This offer is only valid for organisations, excluding individuals.

The Contractor asks for a quote and then buys a package of group sessions, for one-off courses in small groups: minimum 2 persons, of equivalent level.

The entire package is payable in advance, and is non-refundable, even if the Subscribers do not use all the sessions during their period of validity (see Article 10 below).

If one or more Subscribers do not attend one or more sessions, this will not result in “catch-up” sessions. It is therefore up to the Subscriber(s) to make the necessary arrangements to be able to attend all sessions.

After validation of his Order, the Contractor or a Subscriber representing the group will schedule the first session directly by contacting Qoclico via formation@qoclico.com to determine together the day, time and place of the first session.

8.1.2 Services provided at a distance

a) Subscription to the Qoclico learning platform

The Contractor may take out a monthly or quarterly subscription, in order to benefit from unlimited access to the content located at: maplateforme.qoclico.com and to tutoring by a tutor.

When placing the Order, the Contractor chooses the frequency of payment: monthly or quarterly. After validation of his Order, the Contractor or Subscriber immediately receives an access code (in the Order confirmation email) to carry out a level test on the platform and benefit from his subscription. He or she may also contact Qoclico via formation@qoclico.com.

The subscription will be renewed automatically and tacitly every month (or every three months). The Contractor may, however, at any time request the termination of its subscription in accordance with the terms of Article 9.

The monthly subscription gives the Contractor (or the Subscriber, as the case may be) unlimited access to Qoclico’s learning courses and modules, as well as to the Quizzes and review sheets via https://maplateforme.qoclico.com.

b) One-on-one “virtual face-to-face” sessions

The Contractor purchases one or more sessions on the Site. After validation of his Order, he shall schedule his first session directly by contacting Qoclico via formation@qoclico.com to determine together the day, time and place of his first session.

If the Subscriber chooses to purchase several Sessions, all of the Sessions shall be payable in advance, and non-refundable, even in the event that the Subscriber does not use all of the Sessions during the period of validity of the latter (see Article 10 below).

The Sessions take place in Qoclico’s virtual classroom or via any other videoconferencing platform (Skype, Zoom, etc.).

 c) Subscription to a written verification and optimization service

The Contractor may subscribe to a monthly subscription for verification and optimization of the writings, also known as correction of writings, whereby he may submit to Qoclico an unlimited number of documents written in French, via a dedicated e-mail box guaranteeing the confidentiality of the exchanges.

The Contractor shall choose the maximum number of words per month that he will have checked, and may also subscribe to the option “summary and explanation of errors”, allowing him to have additional information on the errors present in his writings.

After payment of the first month, and validation of the Order, Qoclico sends the Contractor the e-mail address to which he can send his documents. Qoclico will then make its best efforts to respond promptly to the Contractor’s requests and provide him with an indicative time frame for processing his order.

The subscription is subscribed for a minimum period of 2 months.

After the expiry of the minimum term, the subscription will be renewed automatically and tacitly each month. However, the Contractor may, at any time after the minimum term, request the termination of his subscription in accordance with the terms of Article 9.

The Contractor may, during the course of the subscription, change the monthly volume of words or add/cancel the option “summary and explanation of errors”. Any changes will be taken into account from the beginning of the next subscription period.

d) Language coaching sessions

Language coaching sessions are designed to help individuals overcome their blockages and to help them integrate the French language into their professional or personal life.

The Contractor makes a request for coaching on the Site via the needs analysis form if he is acting on behalf of an organisation. Qoclico will send a quotation to the Contractor, which the Contractor must return to Qoclico dated and signed and marked “good for agreement” in order to validate the Order.

If the Contractor is a private individual, the Contractor shall purchase one or more language coaching sessions on the Site. Payment for the session(s) is made in a single instalment, online, at the time of the Order.

Whether it is a private individual or an organisation, the number of sessions necessary for the Subscriber to achieve the desired goal will be determined during the first session. If necessary, the coach may recommend the purchase of additional sessions.

The day and time of the sessions will then be agreed between the Contractor and the coach. The duration of each session is 55 minutes. The sessions take place in the Qoclico virtual room or via any other video-conferencing platform (Skype, Zoom, etc.).

e) Translation services

The Contractor may request via the Site a quotation for a document translation service into French. The original language of the documents may be English or Spanish, excluding other languages.

The translation is carried out by experienced translators within a time limit specified in the quotation.

8.2 Terms and conditions for the execution of the Services

8.2.1 Place of performance of services in person

The face-to-face sessions will take place:

  • if the Contractor is an individual: at his place of work or in a neutral place. And at home, if no other options have been found.
  • if the Contractor is an organization: by default on its premises, unless otherwise agreed between the Contractor and the professor.

8.2.2 Postponement of sessions / cancellation / absences

If the Subscriber or group of Subscribers is unable to attend, he/they must cancel their reservation directly with the teacher, giving a minimum of 24 hours notice before the initially scheduled in person lesson time and a minimum of 12 hours notice before the initially scheduled online lesson time. This cancellation will be made exclusively in writing (email or sms), with written confirmation from the teacher.

In the event of cancellation that does not respect this notice, within the limits of the professor’s availability, a postponement may nevertheless be considered at the discretion of the professor. Failing this, the lesson booked will be considered as completed and will be invoiced.

If the teacher is unable to attend, the lesson will be postponed, in agreement with the Subscriber, to a later date. The latter undertakes to inform the Client as soon as he is aware of his setback and to propose a catch-up.

In the event of interruption of the session or early departure of the Subscriber, the price of the session will not be refunded.

A classroom course may, at the request of the Subscriber and with the agreement of Qoclico, be occasionally replaced by a course given using virtual classroom software. This change must be communicated to the teacher, with a minimum notice of 12 hours before the scheduled class time.

8.2.3 Duration of sessions

Individual sessions are valid for 3 months from the date of purchase, unless specified otherwise on the corresponding website page. Group sessions are valid for 6 months from the date of purchase, unless specified otherwise on the corresponding website page.

However, an extension of the validity period may be considered, at Qoclico’s discretion, if the Subscriber is unable to use his sessions (illness, travel abroad) within the time initially planned. Qoclico may, if necessary, ask the Subscriber to submit supporting documents.

Article 9 – Withdrawal

Any natural person Contractor has a period of 14 calendar days from the date of validation of his Order to withdraw by means of a written declaration unambiguous. The withdrawal request must be sent to Qoclico, either by email to info@qoclico.com, or through the contact form available at the following address: www.qoclico.com/en/contact/. It is recalled that it is the Contractor’s responsibility to prove that the request for withdrawal has been made within the prescribed time limits.

The refund of sums already paid will be made within 14 days of receipt of the withdrawal request by Qoclico.

However, the Contractor acknowledges that its right of withdrawal may not be exercised if the Service has been fully performed before the end of the withdrawal period. Similarly, if the Contractor chooses to start the Training before the expiry of the 14-day withdrawal period, the Contractor shall not be entitled to reimbursement for sessions already held.

Article 10 – Termination of Training

Each Contractor shall have the right to terminate the Training subscribed under the following conditions. Any request for termination must be addressed to Qoclico, either by email to stop@qoclico.com, or through the contact form available at the following address: www.qoclico.com/en/contact/.

10.1 Face-to-face training

10.1.1. Face-to-face training sessions

Sessions already paid for cannot be refunded.

However, if the Contractor decides to cancel the remaining session(s) more than 7 days before the start date of the Training, Qoclico will reimburse the Contractor the full amount already paid for these remaining sessions, with a CHF 50.00 handling fee.

After this period has elapsed (cancellation of the Training less than 7 days before the start date of the Training), Qoclico may grant a credit note equivalent to all or part of the sums paid, to be used within a period of 12 months from the date of the Order.

10.2 Online Training

10.2.1 Online training in the form of a monthly or quarterly subscription

A subscription cannot be cancelled before the minimum commitment period has expired (1 or 3 months).

At the end of this 3-month period, the subscription may be terminated with 7 calendar days’ notice before the end of the current subscription period. Termination becomes effective at the end of the current subscription period.

Failure to comply with these terms of termination shall automatically entail renewal of the subscription, for a period of one month, at the rate in force at the time of renewal as indicated on the Site.

10.2.2 Online training in the form of virtual face-to-face sessions

Sessions already paid for cannot be refunded.

However, if the Contractor decides to cancel the remaining session(s) more than 7 days before the start date of the Training, Qoclico will reimburse the Contractor the full amount already paid for these remaining sessions, with a CHF 50.00 handling fee.

After this period has elapsed (cancellation of the Training less than 7 days before the start date of the Training), Qoclico may grant a credit note equivalent to all or part of the sums paid, to be used within a period of 12 months from the date of the Order.

10.3 Termination in case of force majeure

The Contractor may terminate his contract in the event of force majeure duly recognised by registered letter with acknowledgement of receipt (LRAR), sent to Qoclico within 7 days of the recognition of force majeure, with all the necessary supporting documents. In this case, only the services actually provided shall remain the responsibility of the Contractor in proportion to their value.

Article 11 – Conditions of use of the Online Services

When purchasing Services online, the Contractor or Subscriber has a User Account.

As part of the purchase of a subscription to an online training course, Qoclico provides him with identifiers allowing him to connect to the maplateforme.qoclico.com platform.

11.1 General rules for creating User Accounts

When creating a User Account, the User undertakes to provide Qoclico with accurate, up-to-date and complete information.

In the event of a change in his information, the User undertakes to update it. In the event of non-compliance with these rules, Qoclico reserves the right, without notice or compensation, to suspend or terminate the User Account and/or suspend the User’s access to all or part of the Services.

11.2 Use of the Services by the User

Notwithstanding any additional obligations contained in the specific terms and conditions of a Service, any Visitor/User undertakes to

not to use the Services for illegal purposes,
not to make commercial use of the information, Services and Content provided.
The non-exclusive authorization to access a granted Service is strictly private and may under no circumstances be transferred or provided, whether for a fee or free of charge, to a third party in any form whatsoever. It is also prohibited to implement any computer or electronic process allowing third parties to access a Service unlawfully.

Qoclico reserves the right to suspend access to a Service in the event of:

acts in contravention of the provisions of the Intellectual Property Code,
any breach of any of the obligations of a User/Visitor under these Terms and Conditions.
In both cases, the suspension of access to the Service cannot give rise to a claim for reimbursement or compensation.

11.3 Accessibility of Services and Prerequisites

The following rules apply unless otherwise specified for a particular Service. Qoclico strives, as far as possible, to keep its Services permanently accessible 7 days a week and 24 hours a day, subject to maintenance and upkeep periods, server updates and any exceptional interruptions. Access to a Service may require specific equipment (telephone, computer, Smartphone, tablet…) or a particular hardware or software configuration (browser version, versions of any plugins such as Flash Player, cookie acceptance…). It is the User’s responsibility to ensure that he/she meets these requirements to be able to benefit from the Service.

Given the multiplicity of factors and providers involved in distance learning (and in particular via the Internet), Qoclico cannot guarantee permanent and continuous accessibility to the Services. Thus, it cannot be held responsible for temporary interruptions in access to the Services, the reliability of data transmissions, access times or any other specific technical aspect related to the Internet.

In particular, it cannot be held liable, both for any breakdowns and consequences linked to maintenance operations necessary for the proper functioning of its websites, and for technical problems independent of its Services, such as communication problems due to your Internet access providers or any dysfunction linked to the nature of the Internet or to a case of force majeure.

In addition, the Visitor/User is solely responsible for the consequences of his use of the Services and in particular for his circulation within the pages of the sites, and more generally during the transmission of the files and computer programs that make up the sites. In particular, it is the user’s responsibility to keep his antivirus protection up to date, as well as the version of his Web browser. Qoclico cannot be held responsible for the possible transmission of viruses through its Site.

Qoclico declines all responsibility for any intrusion into its computer systems and for any looting of any data that may result. However, Qoclico implements the necessary measures to prevent illegal intrusions. Qoclico shall in no event be liable and held liable for any indirect damages suffered as a result of the use of the Service, such as loss of business, loss of profit, loss of opportunity, damage or costs.

11.4 Content outside the Services

As part of the Services provided, links to content external to the Qoclico Services may exist. Qoclico declines any responsibility for the content of the websites or resources to which these links point. Any User who identifies an inappropriate or dead link may report it to Qoclico.

11.5 Retention and security of identifiers

The User is solely responsible for the use of his identifiers. He undertakes to keep them secret and not to communicate them to third parties. Any loss, misuse or unauthorized use of a User’s Identifiers and their consequences are the sole responsibility of that User.

If one of the User’s identification elements is lost or stolen, the User must inform Qoclico without delay, who will then immediately cancel and/or update the identifier concerned.

Article 12 – Intellectual property

12.1 Elements constituting the websites of the Qoclico Services

All the elements composing the Qoclico Services and in particular the structure and layout of the sites are protected by the copyright of Qoclico, and possibly of its suppliers or partners.

As such and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is permitted, subject to different, or even more restrictive, provisions of the Intellectual Property Code. However, it is prohibited for the user, except for this purpose, to copy, modify, distribute, transmit, broadcast, represent, reproduce, publish, license, transfer or otherwise exploit the information contained in these Online Training Services.

Consequently, any other use constitutes counterfeiting and is punishable under intellectual property law, unless prior written authorization is obtained from Qoclico. Any total or partial reproduction of the Site for purposes other than its use in accordance with its purpose and/or its elements is strictly prohibited.

12.2 Educational content

The educational tools made available as part of the Services and Training are protected by French, Swiss and European law and by the international conventions in force relating to intellectual property, whatever their medium. This applies in particular to all video modules, texts, comments, books, illustrations, maps and images.

The provision of such tools does not transfer any intellectual property rights to the Contractor/ Subscriber/ User/ Visitor. The latter only has a right of personal use. Also, without the express authorization of Qoclico or the rights holders, and subject to legal exceptions, any exploitation, including any reproduction, representation, adaptation, communication to the public, making available to the public, in whole or in part, in any form and by any means whatsoever and, in general, any use other than the follow-up of the Training is prohibited. Any resale of course materials is prohibited.

Article 13 – Personal data

The personal data collected in the context of the order and execution of the Services may be subject to automated processing by Qoclico, the purposes of which are the management of the commercial relationship and the continuous training of Subscribers.

Qoclico does not collect any sensitive data relating to Contractors and Registrants.

The Minor User must obtain the consent of his legal representative before disclosing any personal data concerning him. An Internet user under 18 years of age at the time of publication or creation of an online account has a specific right to have his or her data deleted.

The personal data collected by Qoclico include:

Names, first names, civility, date of birth;
Mailing address, e-mail address, telephone number;
Username used to identify yourself on the site;
Bank details
The personal data collected by Qoclico are kept for a period of time in accordance with the legal provisions or in proportion to the purposes for which they were recorded:

prospect: the data collected is used to create and manage a file of prospects. They are kept for a maximum period of 3 years from the date of collection of the data.
active customer: the data required to manage the customer account is kept for the duration of the contractual relationship.
inactive customer: data relating to the execution of the contract (management of the customer account, orders, deliveries, invoicing) are kept for 10 years after the end of the contract. All other data (identification and contact data) are kept for 3 years from the last contact from the customer.
The data related to your browsing collected by the cookies you have authorised have a specific storage period, which may not exceed 13 months.

Pursuant to Articles 14 to 22 of European Regulation 2016/679 of 27 April 2016 (the “DGPS”), any natural person using the service may exercise the following rights:

A right of access
A right of rectification
A right to oppose and delete the processing of its data
A right to oppose profiling
A right to limitation of processing,
A right to data portability
Any person may also issue guidelines on the storage, erasure and communication of his or her personal data after death.

Finally, if Qoclico detects a violation of personal data that could create a high risk to Users’ rights and freedoms, Users would be informed of the violation as soon as possible.

Contractors, Registrants, Users and prospects can exercise their rights by sending an email to info@qoclico.com.

Commercial information emails may be sent to Contractors, Registrants and prospects to better understand Qoclico’s services. They may request to no longer receive emails from Qoclico at any time by clicking on the link provided for this purpose and inserted at the bottom of each of these emails.

Contractors and Registrants are informed that Qoclico implements techniques for the collection and analysis of learning data for the purposes of research, statistics, a better understanding of their needs, and the optimization of their training path. No commercial use of this data is made.

Article 14 – Cookies

When a Visitor or User navigates, a cookie may be placed on his computer. A cookie does not identify the Visitor or User. In general, it records information relating to the navigation of its computer on the Service (the pages consulted, the date and time of the consultation, etc.) that the Service can read during subsequent visits. Thus, the Visitor does not need to provide certain information during his next visit and will be able to benefit from personalized access. It is possible for the Visitor to oppose the recording of “cookies” by configuring his browser appropriately. However, not allowing the cookie to be stored may affect the proper functioning of the browser and may not allow the Service to be provided in whole or in part. Qoclico cannot then be held responsible for it.

Article 15 – Complaint / Information

Any complaint relating to a Training must be addressed to Qoclico, either by email to info@qoclico.com, or through the contact form available at the following address: www.qoclico.com/en/contact/.

Article 16 – Liability

16.1 Liability of the Contractor/Registrant

Each Subscriber undertakes to comply with these Terms and Conditions and all the rules related to the use of Qoclico’s various services (online courses, classroom courses, etc.). Any behaviour manifestly contrary to morality (impoliteness, harassment, threats, insults, etc.) or to the aforementioned Conditions may be subject to a sanction that may go as far as striking off the Subscriber.

Any registration to a Training offered by Qoclico is strictly personal to the Subscriber. Any transfer of the registration to a third party or provision of educational materials or services, for any reason whatsoever (free of charge or against payment), is strictly prohibited and is the responsibility of the Subscriber and the Contractor.

16.2 Liability of Qoclico

Unless otherwise provided by law or regulation, Qoclico’s liability is limited to the direct, personal and certain damage suffered by the Customer as a result of the failure in question. In no event shall Qoclico be liable for indirect damages such as, but not limited to, loss of data, loss of business, loss of orders, brand damage, business interruption and loss of profits or customers. Similarly, and within the same limits, the amount of damages charged to Qoclico may not in any event exceed the price of the Service ordered.

Article 17 – No waiver

The fact that Qoclico does not rely on a breach by the Contractor or the Subscriber of any of the obligations referred to in these Conditions shall not be interpreted in the future as a waiver of any of the rights of which it is the owner.

Article 18 – Agreement on proof

Given the nature of their exchanges and in particular the dematerialization of their relationship, the parties agree that all computer records in Qoclico’s information system will, in the event of a dispute, be used as evidence.

Article 19 – Place of performance of services

The place of performance for online or remote services is Qoclico’s headquarters.

The place of performance for classroom services is the place where the Training takes place.

Article 20 – Language applicable to the contract

These Terms and Conditions are available on the Site in French and English. In the event of a dispute, only the French version shall prevail.

Article 21 – Conservation clause

If any provision of these Terms and Conditions should prove invalid, the validity of the rest of the contract shall not be affected. The invalid provision would, if necessary, be replaced by the corresponding legal provisions.

Article 22 – Applicable law and jurisdiction

These Terms and Conditions and any disputes arising out of or in connection with the relationship between Qoclico and the Contractor shall be governed solely by Swiss law.

In the event that the interpretation or execution of the contract or these general conditions cannot be settled amicably, the parties shall choose the place of jurisdiction in the City of Geneva where they acknowledge the exclusive competence of the authorities of that place.