GENERAL TERMS AND CONDITIONS OF SALE
Definitions and Scope
These general terms and conditions form the contract between the parties, namely the company ELEACA, a company in formation, responsible for the Website www.elearningfromscratch.com/ (hereinafter the “ Website“), with headquarters in Rue Lincoln, 22 boîte C à 1180 Uccle, BELGIUM under the company number 737.480.706, hereinafter referred to as “ELEACA”.
E-learning From Scratch is a brand and a trade name belonging to the company ELEACA.
and the Customer on the other hand.
“Customer” refers to any natural or legal person who orders products from ELEACA.
- “Professional Customer” refers to any Customer or user, whether natural or legal, who acts for professional or commercial purposes.
- “Consumer” or “individual” refers to the Customer, a natural person who is not acting for purposes relating to their trade, business, craft or profession.
“Website” refers to the website available at the following address: https://www.elearningfromscratch.com/. The Website is administered and managed by ELEACA which can be contacted at the email address: Info@elearning-fs.com.
“E-Learning From Scratch” or “The platform“, is an Internet-accessible platform on the servers of the Thinkific website providing access to course content in various subjects, including data protection and computer security. This platform is accessible via the Thinkific website and allows Customers to take courses, answer quizzes and test their knowledge through practical exercises.
“Product” is the term used to designate all the courses provided by ELEACA via the E-Learning From Scratch platform.
“Username” refers to both the Customer’s own username and the login password they have chosen.
“Internet” refers to the set of interconnected networks that can be located in all regions of the world.
These terms and conditions are available on the ELEACA Website. Therefore, by placing an order, the Customer confirms their acceptance of these terms and conditions. The order placed online on the ELEACA Website together with these terms and conditions constitute the contract between the parties. They shall take precedence, where applicable, over any other version and over the Customer’s own general terms and conditions of purchase or other terms and conditions.
Application and Amendment
These terms and conditions for the sale or supply of products apply, without restriction or reservation, to all products and/or products offered for sale by ELEACA from the initial login of the Customer to the Platform.
ELEACA reserves the right to modify these general terms and conditions at any time without prior notification. These changes will apply to all product orders placed after the modification.
Price and Order
The prices in force are expressed in Euros excluding VAT unless this is specified differently on the platform. ELEACA reserves the right to change prices and/or defer any new taxes and rate increases.
Payment for Products can be made online by bank card (Bank Card, VISA Card, MASTERCARD Card). You must pay for your entire order at the time of purchase. Entering your bank details is secure. Entering your credit card number and expiry date is done on the Website in the secure payment area where the information is encrypted.
After the receipt of payment, the customer shall receive access to the course on the Platform.
ELEACA reserves the right to suspend or refuse the use of the product(s), in particular in the event that the data communicated by the Customer proves to be manifestly erroneous or incomplete.
Proof of Transaction
Payment will be made in accordance with the conditions applicable to the remote payment system chosen by the Customer.
The data recorded on the platform constitutes proof of all the transactions made by ELEACA and its Customers. The online payment of the Products by bank card is carried out through the intermediary of the Product of the company Paypal or the company Stripe. The data recorded by the payment system constitutes proof of the financial transactions carried out by bank card.
The online payment product does not transmit bank card payment information to ELEACA except, if necessary, in the event of a duly expressed complaint relating to a particular transaction. The transmission of information between the Customer and the online payment product is secured, depending on the software embedded in the Customer’s hardware, by the existing protocols on the Internet.
The Customer can only express reservations at the end of the registration procedure on the Website. These reservations must be accompanied by the reason for the complaint. After examination, ELEACA reserves the right to refund the price paid by the Customer. Any complaint and/or dispute of the Customer against ELEACA must be formulated, exclusively by email to, at the latest 48 hours from the event generating them, under penalty of forfeiture.
ELEACA undertakes to respond to any complaint within 48 hours of receipt of an email sent to the email address Info@elearning-fs.com.
The Products are delivered immediately via access to the platform. With the agreement of the Customer, i.e. the payment of their order, ELEACA starts the execution of its immaterial service before the end of the 14-day withdrawal period.
The parties therefore agree that the purchase of a Product shall not give rise to the exercise of any right of withdrawal.
ELEACA grants the Customer a personal, non-exclusive, non-assignable and non-transferable right to use the product ordered, for the duration of the contract and throughout the world. This licence includes the right to use the Product for strictly personal use and/or in the context of the Customer’s professional activity.
The licence relating to the Product ordered is granted for the sole and exclusive purpose of allowing the Customer to use the Product ordered in accordance with its intended purpose as defined in these general terms and conditions and at the time of the order, to the exclusion of any other purpose.
The right of use refers to the right to represent and use the ordered product in accordance with its intended purpose, i.e. via a connection to an electronic communications network. The Customer may in no case make the product ordered available to a third party, and strictly prohibits any other use, in particular, but not limited to, any adaptation, modification, translation, arrangement, distribution, decompilation.
The Platform is accessible to adults, or to people over the age of 16 on the condition of presenting an authorisation to do so from a parent or their legal guardian.
ELEACA reserves the right to ask the age of the Customers to check whether they comply with these general terms and conditions of sale.
The Customer is aware of the technical risks inherent in the Internet, and the interruptions to access that may result.
Consequently, ELEACA cannot be held liable for any unavailability or slowdown of the product ordered. ELEACA is not able to guarantee the continuity of the ordered product, executed remotely via the Internet, which the Customer acknowledges.
The product ordered may occasionally be suspended due to maintenance operations necessary for the proper functioning of the computer program and the Thinkific website made available to the Customer in order to produce the product ordered, which are not the responsibility of ELEACA. ELEACA cannot therefore be held liable for the possible impact of this unavailability on the Customer’s activities.
ELEACA cannot be held liable for network line interruptions. ELEACA particularly draws the Customer’s attention to the fact that the Customer is solely responsible for the choice of the network provider and the importance of the choice of the product.
ELEACA guarantees to the Customer that the Products have been the subject of all the necessary care to ensure their compliance with the legislation or standards in force. The Customer acknowledges and accepts that the Products presented do not, in any case, constitute a detailed legal opinion from a professional. The Products are used under the sole responsibility of the Customer and for informational purposes only. ELEACA does not give individual or personal advice.
The Customer is cautioned that in no event shall ELEACA and/or the authors be liable for any legal errors. In any event, except for fraud or gross negligence on the part of ELEACA, the liability of ELEACA, its partners and the authors of a Product is limited to the refund of the purchase price or subscription price paid by the Customer. The Customer acknowledges that ELEACA shall not be liable to Customer for any indirect losses resulting from the provision of the Product, including but not limited to loss of income, gain, contract, data, goodwill, of sales or profit, Customers, an opportunity, in terms of the cost of obtaining a substitute product or technology, as well as in the event of inaccuracy or corruption of files or data, commercial prejudice, or any similar loss.
In addition, ELEACA shall not be liable for the accidental destruction of any data by the Customer or a third party having accessed the product ordered by means of the username and/or the password given to the Customer. The Customer also acknowledges that ELEACA shall not be liable for any direct or indirect damages caused by the provision of the product, such as, but not limited to, lost profits, increased overhead, loss of Customers, etc.
As ELEACA has not developed the website or the Thinkific computer program installed on the server, ELEACA cannot be held liable for any anomaly or malfunction, of any kind whatsoever, of the platform or computer program enabling the delivery of the product. As the computer program and the Thinkific website have been developed by one or more third parties, the Customer acknowledges and agrees that by using the computer program and the Thinkific website, the Customer is also subject to the terms and conditions of use of such third parties, including any amendments to such terms and conditions.
ELEACA hereby disclaims all warranties, express or implied, including but not limited to any guarantee of value, quality, correspondence to the description, or suitability of the Website or a Product for a particular purpose. ELEACA does not warrant that the use or the result of the use of the materials available through the Website will be correct, accurate, timely, reliable or of any particular quality. The photographs, drawings or summaries of the Products are non-contractual. In no event will ELEACA be liable for loss of data or damage linked to this data.
It is the Customer’s responsibility to ensure that their computer equipment (including, but not limited to, computer, laptop, netbook, tablet and smartphone) meets all of the technical specifications necessary to allow them access and use the product ordered.
By using the Product, the Customer accepts and acknowledges that ELEACA is only responsible for an obligation of means and not of result.
Intellectual or Industrial Property Rights
The information, logos, designs, trademarks, models, slogans, graphic charts, documentation, products, services, data, etc., accessible through the ordered product and belonging to ELEACA or a third party are protected by intellectual or industrial property law.
All or part of these components are and shall remain the exclusive property of ELEACA or its third party licensors.
Unless otherwise expressly agreed in advance, the Customer is not authorised to modify, reproduce, rent, lease, borrow, sell, distribute or create derivative works based in whole or in part on all or part of the elements or components present in the computer program or on the platform.
Similarly, the Customer may not modify, reproduce, rent, lease, borrow, sell, distribute or create derivative works based in whole or in part on the materials on the ELEACA Website.
ELEACA does not grant any intellectual or industrial property rights of any nature whatsoever, for any reason whatsoever, for all or part of the elements of the computer program, platform, or products offered by ELEACA.
Internet & New Technologies
The Customer is aware of the restrictions and risks associated with the use of the Internet or any other means by which the ELEACA Website, the ordered product, computer program or platform is currently or will be made available in the future. The Customer is also aware of the risks of storing and transmitting information by digital or electronic means.
The Customer accepts that ELEACA cannot be held liable for any damage caused by the use of the ordered product or the Internet, following the aforementioned risks. The Customer further agrees that electronic communications exchanged and backups made by ELEACA may be used as evidence.
Processing of Personal Data
ELEACA only has a licence to use the program and the Thinkific website that it makes available to the Customer in order to access the product ordered.
ELEACA therefore does not own the intellectual or industrial property rights to any or all of the materials on this Thinkific website.
Accordingly, ELEACA does not in any way guarantee the Customer against any action, claim, allegation, demand or opposition from any person invoking an intellectual or industrial property right, or an act of unfair competition, on all or part of the platform or program used or more generally implemented for the purposes of the performance of the services.
ELEACA also does not guarantee the Customer against any action, claim, allegation, demand or opposition by any person invoking an intellectual or industrial property right, or an act of unfair competition, to all or part of the elements delivered, used or more generally implemented, in particular when the elements in question were initially transferred by the Customer to ELEACA.
The Customer accepts and guarantees not to sub-licence, assign, subcontract, delegate, transmit or assign to a third party, in any way whatsoever, the rights and obligations arising from these general conditions and/or from the ordered product.
The titles used in these general terms and conditions of sale are for reference and convenience only. They do not affect the meaning or scope of the provisions they designate.
The possible illegality or invalidity of an article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the other articles, paragraphs or provisions of this contract, nor the remainder of that article, paragraph or provision, unless a contrary intention is evident in the text.
If any part of these terms and conditions is held to be completely invalid, ELEACA will replace it with a provision that comes as close as possible to the economic effect of the invalid provision.
Force Majeure, Fortuitous Event and Unforeseen Circumstances
ELEACA cannot be held liable, either contractually or non-contractually, for any temporary or permanent non-performance of its obligations where such non-performance is due to force majeure or fortuitous event.
In particular, the following events will be considered as cases of force majeure or fortuitous events: (1) the loss or destruction in whole or in part of ELEACA’s computer system or database where either of these events cannot reasonably be directly attributable to ELEACA and it is not shown that ELEACA failed to take reasonable steps to prevent either of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, whether declared or not, 8) lockouts, 9) blockades, 10) insurrections and riots, 11) a failure to supply power (such as electricity), 12) a failure of the Internet, server, data storage system, computer program, or platform, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet or telecommunications network on which ELEACA depends, 15) an act or decision of a third party where such decision affects the proper performance of these terms and conditions, or 16) any other cause beyond the reasonable control of ELEACA.
If, due to circumstances beyond the control of ELEACA, the performance of its obligations is impossible or is simply more expensive or difficult, ELEACA and the Customer agree to negotiate, in good faith, a change to the contract conditions within a reasonable time to restore balance.
If no agreement is reached within a reasonable period of time, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind.
Each Customer is free to close their member area on the website. To do so, the member must send an email to ELEACA indicating that they wish to delete their account.
Unless expressly agreed between the parties, these general terms and conditions of sale represent the entire agreement between the parties.
Any declaration, representation, promise or condition not contained in these general terms and conditions of sale can and should not be accepted to contradict, modify or in any way affect the terms thereof.
Disputes and Jurisdiction
Any dispute relating to the services provided by ELEACA, as well as any dispute as to the validity, interpretation or execution of these general terms and conditions of sale will be subject to Belgian law and to the exclusive jurisdiction of the French-speaking courts of the judicial district of Brussels.
Updated, 1st December 2019.