Terms of Service
The Website and the App are hereinafter collectively referred to as 'the Platform'.
These Terms are concluded between You and GROUPADO sarl, limited liability company, registered in the RNE under the number 1681258W, located in 23, Rue du lac de Tibériade, 1er étage, bureau 1_1 les berges du lac, Tunis, (also 'the Company', 'We', 'Us', 'Our', 'Groupado', 'GroupadoPro').
The Terms regulate your access to our Platform and the services we offer via the Platform as well as the relationship between Users. The Users and the Company are collectively referred to as the Parties and separately as the Party.
If you do not agree with these terms, please do not use the Platform.
GroupadoPro is a website that aims to improve the conditions of life through learning.
Through cutting-edge and easy-to-use tools, GroupadoPro allows anyone to access educational content for learning purposes.
To provide the best content and ensure an optimal user experience, the platform and the services offered should be governed by rules that guarantee the security of your personal data, protect the intellectual property of the content, and ensure the respect of legal regulations. These terms apply to all platforms and activities whether on the website, the mobile application, or any other associated service ('Services').
All users are required to sign up for an account on the site in order to have access to all the content offered.
When setting up an account, the user must provide accurate and complete information, including a valid e-mail address.
The User shall regularly update his/her account to keep such information accurate and complete.
The User is fully responsible for his/her account and everything that happens in it, including any harm or damage caused to the Company, the Trainer, or any third party by a third party using the said account even without the User's permission.
Every account is personal and individual, the User cannot transfer his account to another person or use the account of a third party. If it appears that the account has been used in a way that contravenes these terms, the account will be closed.
It is forbidden to share your login details with anyone. The User is the only one responsible for what happens on his or her account and the Company will not intervene in disputes between participants or trainers.
The Company, through its support team, may request additional information from users of suspect accounts to verify the identity of the account user.
The Company grants users a limited, non-exclusive, non-transferable license to access and view the content for which they have paid all required fees, and this is solely for personal, non-commercial, and educational purposes via the Services, in accordance with these Terms and any conditions or restrictions associated with specific content or feature of the Services provided on the Platform.
Any other use is strictly prohibited. It is forbidden under current laws to reproduce, redistribute, transmit, give, sell, release, rent, share, lend, modify, adapt, edit, or otherwise transfer or use any of the content, nor to create derivative works or sublicense it, without having received express authorization from the Company to do so.
An unlimited access license is granted to participants upon registration for a course or other content. However, the Company has the right to revoke any license to access and use any content at any time in case the Company decides or is required to suspend access to such content for conflict with applicable law or its policies.
This may be the case, for example, if a course is subject to a copyright infringement claim or if its content has been found to violate community standards.
This unlimited access license does not apply to additional features and services associated with the course or any other content the user has registered for. For example, a trainer may decide at any time to no longer provide question and answer services or teaching assistance in relation to his/her content. In other words, unlimited access applies only to course content that is delivered 'as is'.
A trainer may not grant licenses to access its content to participants directly. Any such direct license will be declared null and void and is a violation of these Terms.
2 Payment & Refund
The prices of the contents on the platform is previously determined and displayed
Prices may vary depending on special offers.
The applicable price for content is the one indicated at the time the user proceeds with the payment.
Any price displayed for specific content may also be different once logged in compared to the price offered to users who are not registered or logged in, as some of our offers are reserved for new users.
If the User is logged in to his/her account, the currency displayed will be based on the User's location at the time of account creation. If he/she is not logged in to his/her account, the currency displayed is set according to the country he/she is in.
If a Participant lives in a country where a use and sales tax, goods and services tax, or value-added tax applies to sales to consumers, the Company is required to collect and remit such taxes to the appropriate taxing authorities. Depending on the country, the price quoted may include such taxes or taxes may be added upon payment.
The User agrees to pay the fees for the contents he/she purchases and authorizes the Company to debit the credit card determined by him/her or to proceed with the payment by any other means.
For any purchase, the User declares that he/she will not use any illegal payment method. The company reserves the right to disable access to any content for which it has not received the appropriate payment.
Any request for refund will be treated with the customer service and after study of the request by our services (commercial, IT and legal).
No refunds will be given to the user unless it is found that he/she could not fully benefit from the paid experience for technical reasons.
In all cases, the refund and compensation cannot exceed the amount paid by the user for the experience he did not fully benefit from.
3 Use of the Platform
Although the Company has selected the best experts and courses on the market, it does not have any editorial control over the content available on the Platform and, as such, does not guarantee in any way whatsoever the seriousness, appropriateness, accuracy, or truthfulness of the content. If you access any content, you rely on any information provided by a trainer at your own risk.
By using the Services, you may be exposed to content that you consider offensive, obscene or shocking. GroupadoPro is not required to protect you from such content and is not responsible for your access to or enrollment in any course or other content, to the extent permitted by applicable law. This also applies to all content related to health, wellness, and physical activity. You recognize the risks and dangers associated with the intense nature of these types of content, and by accessing them, you choose to voluntarily assume these risks, including the risk of illness, bodily injury, disability, or death. You take full responsibility for the choices you make before, during, and after you access any content.
The Trainers are not employees or subordinates of the Company. GroupadoPro is not responsible for any interactions between trainers and participants. GroupadoPro is also not responsible for any disputes, claims, losses, injuries, or damages of any kind that may arise out of the behavior of trainers or participants.
4 Rights & Ownership
The Company owns this Platform and the Services derived from it, including the Website, current or future applications and services, our logos, APIs, code, and content created by our employees. You may not alter or use these items without our permission.
All right, titles, and interests related to GroupadoPro platform and Services, including our website, current or future applications, APIs, databases, and content that our employees or partners submit or provide through our Services are and will remain the exclusive property of the Company. Our platforms and services are protected by copyright, trademark, and other laws in Tunisia and other countries. You have no right to use the name GroupadoPro or any trademark, logo, domain name, or other distinctive feature of GroupadoPro.
You may not do any of the following while accessing or using GroupadoPro Platform and Services :
- Access, alter or use non-public areas of the Platform (including content storage), Goupado's computer systems, or the technical systems of Groupado’s service providers.
- Disable, disrupt or attempt to circumvent any security-related features of the Platforms, or examine, scan or test the vulnerability of any of our systems.
- Copy, modify, create a derivative work of, conduct reverse engineering, reverse assemble, or otherwise attempt to discover any source code for our content on Groupado’s platform and Services.
- Access, search, or attempt to access our platform by any means (automated or otherwise) other than by using our search features currently made available through our website, mobile applications, or APIs (and only under the terms and conditions of those APIs). You may not use any robot (crawling, scraping, or other) or any other automated means to access the Services.
5 Binding Agreement
You agree that by signing up for and accessing or using our Services, you accept to be bound by a legally binding contract with Groupado. If you do not agree to these Terms, do not register and access or use our Services.
Any version of these Terms published in a language other than English is provided for convenience only. You understand and agree that in case of conflict, the French language version shall prevail.
If any part of these Terms is found to be invalid or unenforceable under applicable law, then such provision shall be deemed superseded by a valid and enforceable provision that approximates the intent of the original provision, and the rest of these Terms shall remain in force.
Even if we do not act promptly to exercise our rights or fail to exercise a right in a particular case, this does not mean that we give up our rights under these Terms, and we may decide to exercise them in the future. If we decide to give up any of our rights in a particular case, it does not mean that we give up our rights generally or in the future.
6 Disclaimer of Liability
Occasionally, the platform may be unavailable, either due to scheduled maintenance or because of a problem with the website. It may happen that one of our trainers makes misleading statements in its content. We may also encounter security issues. These are just examples. You give up any recourse against us in any of these types of cases where everything does not go as planned. In more comprehensive legal terms, the Services and their content are provided 'as is' and as available. We (and our subsidiaries, suppliers, partners, and agents) make no statements or warranties about the suitability, reliability, availability, timeliness, security, freedom from error, or accuracy of the Services or their content, and expressly disclaim all warranties or conditions (express or implied), including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our subsidiaries, suppliers, partners, and agents) make no warranty that you will obtain any specific results from using the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to discontinue certain features of the Services at any time and for any reason. In no event shall Groupado or its subsidiaries, suppliers, partners, or agents be liable for any damages arising from such interruptions or unavailability of such features.
We are not responsible for delays or failures to perform any of our Services due to events beyond our control, such as an act of war, hostility or sabotage; natural disaster; failure of electrical, Internet, or telecommunications networks; or government restrictions.
7 Limitation of Liability
There are risks associated with using our Services, for example, if you have access to content in the health and wellness category, such as a yoga class, and you get injured. You fully accept these risks and give up any recourse and claim for damages against Groupado in case you experience any loss or damage related to the use of our platform and Services. In more comprehensive legal terms, to the extent permitted by law, we (and our subsidiaries, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, business opportunities, personal injury or death), whether under contract, warranty, civil liability, product liability, or otherwise, even if we have been previously advised of the risk of damages.
8 Applicable law and settlement of disputes
These Terms shall be interpreted in accordance with the laws and legislation of Tunisia, without regard to its principles of conflict of laws, for all users in Africa.
Any dispute arising from the use of the platform or the services, the formation, execution, interpretation, cancellation, termination of these terms and conditions, or arising therefrom in any way whatsoever, must be settled amicably and if necessary, through mediation. In case of failure to settle the dispute or refusal of mediation, Tunis courts shall have exclusive jurisdiction.
9 Updates to these Terms
We may update these Terms from time to time to clarify our practices or to incorporate new or different practices (when we add new features, for example). GroupadoPro reserves the right to revise or modify these Terms at any time at its sole discretion. When we significantly change these Terms, we will provide you with clear notice, including through notifications sent to the email address specified in your account or through a notice posted on our Services. Unless otherwise specified, any changes will be effective as of the date of posting.
Your continued use of our Services following the effective date of any changes will mean that you accept those changes. The revised version of these Terms shall replace all previous versions of these Terms.