The company Okaydak (hereafter referred to as « Okaydak ») publishes a platform for individual language lessons accessible on a website, in particular at www.okaydak.fr, intended to connect teachers teaching language lessons with pupils wishing to take private lessons (hereafter referred to as the « Platform »).
By clicking on the « Login to Facebook » or « Register » button, you acknowledge that you have read and agree to be bound by these terms and conditions.
In the present,
« Announcement » means an announcement concerning a Lesson posted on the Platform by a Teacher;
« Okaydak » has the meaning given to it in Article 1 above;
« Terms and Conditions » means these Terms and Conditions;
« Account » means the account that must be created in order to become a Member and access certain services offered by the Platform;
« Facebook Account » has the meaning given to it in Section 3.2 below;
« Teacher » means the Member proposing, on the Platform, to give a lessonlessonother natural person in exchange for a Lesson Fee for a lessonlesson timetable defined by him or her; the title of Teacher is not contractual and does not commit the Member to holding a diploma.
« Confirmation of Reservation » has the meaning given to it in Article 4.1.1 below;
« Member Content » has the meaning given to it in Article 11.2 below;
« Service Charges » has the meaning ascribed thereto in Section 5.2 below;
« Member » means any natural person who has created an Account on the Platform;
« Student » means the Member who has accepted the proposal to receive a lessonlesson by the Teacher or, where applicable, the person on whose behalf a Member has booked a Lesson;
« Lesson Price » means, for a given lessonlessonsum of money requested by the Teacher and accepted by the Student;
« Platform » has the meaning given to it in Article 1 above;
« Reservation » has the meaning given to it in section 4.1.1 below;
« Services » means all services rendered by Okaydak through the Platform;
« Site "means the website accessible at www.okaydak.com
« Lesson » means the lessonlesson is the subject of an Announcement published by a Teacher on the Platform and for which he agrees to give a lessonlessonnsideration of a Lesson Price;
« Credits » means a credit paid and stored on a blocked and secure wallet linked to the customer for free use in order to make one or more reservations depending on the balance available and the price of the reservation ;
The use of Platform is reserved for individuals aged 18 years or older. Any registration on the Platform by a minor is strictly forbidden. By accessing, using or registering on the Platform, you represent and warrant that you are 18 years of age or older.
The Platform allows Members to publish and view Ads as well as interact with each other when booking Lessons. You can view the Ads even if you are not registered on the Platform. On the other hand, you may not publish an Ad or book a Lesson without first creating an Account and becoming a Member.
To create your Account, you can:
(i) complete all mandatory fields on the registration form;
(ii) login, via our Platform, to your Facebook account (hereinafter referred to as your « Facebook Account »). By using such functionality, you understand that Okaydak will have access to, publish on the Platform and retain certain information about your Facebook Account. If you would like to learn more about the use of your data in your Facebook Account, please see our Legal Notice and Facebook Policy.
To register on the Platform, you must have read and accepted these Terms and Conditions.
When you create your Account, regardless of the method chosen to do so, you agree to provide accurate and accurate personal information and update it, either through your profile or by notifying Okaydak, to ensure its relevance and accuracy throughout your contractual relationship with Okaydak.
In the event of registration by email, you agree to keep the password chosen during the creation of your Account secret and not to communicate it to anyone. If you lose or disclose your password, you agree to notify Okaydak immediately. You are solely responsible for the use of your Account by a third party until you expressly notify Okaydak of the loss, fraudulent use by a third party or disclosure of your password to a third party.
You agree not to create or use, under your own identity or that of a third party, accounts other than the one initially created.
Okaydak may, for the purposes of transparency, trust enhancement, or fraud prevention or detection, set up a system to verify some of the information you provide on your profile.
You acknowledge and agree that any reference on the Platform or the Services to so-called « verified » information or any similar term, only means that a Member has successfully completed the existing verification procedure on the Platform or the Services in order to provide you with more information about the Member. Okaydak does not guarantee the truthfulness, reliability or validity of the information that has been verified.
As a Member, and provided you meet the Terms and Conditions below, you can create and publish Ads on the Platform with information about the Lesson you intend to give (content, dates/hours, amount of the Lesson Price, etc.).
You acknowledge that you are solely responsible for the content of the Ad that you publish on the Platform. Accordingly, you represent and warrant the accuracy and truthfulness of any information contained in your Ad and you agree to give the lessons as described in your Ad.
Provided that your Ad conforms to the TOS, it will be published on the Platform and therefore visible to Members and all visitors, even non-members, who search the Platform or on the website of Okaydak's partners. Okaydak reserves the right, in its sole discretion and without prior notice, to withdraw, at any time, any Advertisement that does not comply with the Terms and Conditions or that it considers harmful to its image, that of the Platform or that of the Services.
You acknowledge and agree that the criteria taken into account in the ranking and display order of your Ad among the other Ads are at Okaydak's sole discretion.
Okaydak has set up an online lessonlessonng system (the « Booking »).
When a Student is interested in an Announcement, he or she can request a Reservation online. This Request for Reservation is either (i) accepted automatically (if the Teacher has chosen this option when publishing his/her Announcement), or (ii) accepted manually by the Teacher. At the time of the Reservation, the Student will proceed with the online payment of the Lesson Price and the related Service Fees, if applicable. After verification of payment by Okaydak and validation of the booking request by the teacher, if necessary, the Student receives a booking confirmation (the « Booking Confirmation »).
If you are a Teacher and you have chosen to manage the Reservation Requests yourself at the time of publication of your Announcement, you are obliged to answer any Reservation Request within the set deadline. Failing this, the Reservation Request expires automatically and the Student is refunded the full amount paid at the time of the Reservation Request, if applicable.
As of the Confirmation of Reservation, Okaydak will send you the Teacher's instructions. You are now solely responsible for the execution of the contract binding you to the other Member.
Any use of the Services, whether as a Student or Teacher, is nominative. Both the Teacher and the Student must match the identity given to Okaydak and other Members participating in the Lesson.
Moreover, it is forbidden to publish an Ad for a Teacher other than yourself.
Okaydak encourages you to leave an opinion about a Teacher (if you are a Student) or to the Student (if you are a Teacher) with whom you shared a Lesson or with whom you were supposed to share a Lesson. On the other hand, you are not allowed to leave an opinion on a Member with whom you have not had a Lesson.
Your opinion, and that of another Member, if any, is immediately visible.
You acknowledge and agree that Okaydak reserves the right not to publish or remove any notices, questions, comments or answers that it deems contrary to these Terms and Conditions.
Okaydak reserves the right to suspend your Account, limit your access to the Services or terminate these Terms and Conditions if (i) you have received at least three notices and (ii) the average of the notices you have received is 3 or less.
Access and registration to the Platform, as well as the search, consultation and publication of Announcements are free of charge. On the other hand, the Reservation is subject to the Terms and Conditions described below.
The amount of the Lesson Fee is determined by you, as a Teacher, under your sole responsibility. As a Teacher, it is up to you to determine your obligations to declare the sums collected.
When you publish an Ad, Okaydak suggests a lessonlessonThis amount is purely indicative and you are responsible for changing it upwards or downwards. In order to avoid abuse, Okaydak can limit the possibility of adjusting the lessonlesson.
In the context of Booking Lessons, Okaydak will charge a service fee (hereafter referred to as the "Service Fee"), calculated on the basis of the amount of the Lesson Price or the price of the Credits, in return for using the Platform at the time of Booking or the purchase of Credits. The methods of calculating the Service Fees in force are as follows: for a price of less than 7€, 1€; between 7€ and 16€, 2€; between 16€ and 24€, 3€; between 24€ and 40€, 4€; between 40€ and 50€, 5€; above 50€ a percentage of 18€ rounded to the nearest 0,5€.
The Service Fee is collected by Okaydak for each Lesson Booked by a Student or for each additional Credit.
You acknowledge and agree that Okaydak may, in its sole discretion, round off the Service Fee and Lesson Price to the nearest whole number.
Payment must be made directly upon booking and is made exclusively through the Stripe payment service solution. By agreeing to these terms and conditions, you agree to be bound by the Stripe Terms and Conditions of Use, which may occasionally be modified by Stripe. The general conditions of use of the Stripe solution can be consulted in point 5.4.3.
In order to receive the funds and make transfers to a bank account, the Professor must create an account in one of the countries supported by the Stripe solution (account created through the Okaydak solution). The countries supported by the Stripe solution are as follows. Europe: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom. America: Canada, United States. Asia: Hong Kong, Japan. Oceania: Australia, New Zealand.
Following the Lesson, the Student is in charge of validating that the lessonlessonaken place correctly, which will release the funds within 24 hours after the end of the Lesson.
As soon as this confirmation is received, you have a credit due as a Teacher. This credit corresponds to the total amount paid by the Student at the time of confirmation of the Reservation less the Service Fee, i. e. the amount of the Lesson Price paid by the Student.
When the Lesson is confirmed by the Student, you have the possibility, as a Teacher, to make a payment request by filling in your bank details.
The Professor undertakes to use the Stripe payment solution for the settlement of payments intended for him and to accept for this purpose the General Conditions of Use of Stripe as well as the agreement on the Stripe accounts available in point 5.4.3. You agree to provide accurate and complete information about yourself and your business, and authorize the sharing of this information as well as information regarding transactions made through the Stripe payment solution.
The general conditions of use of the Stripe solution can be consulted at this link:General conditions of use of the Stripe solution.
The agreement on Stripe Connected accounts can be found at this link:Stripe Connected Account Agreement.
Only Lessons with Reservation are subject to this cancellation policy, Okaydak not offering any guarantee whatsoever, in the event of cancellation, for any reason whatsoever, by a Student or Teacher, of a Lesson without Reservation.
Cancellation of a Lesson with Reservation by the Teacher or Student after Confirmation of Reservation is subject to the following stipulations:
- In the event of cancellation attributable to the Teacher, the Student will be reimbursed for the full amount paid by him/her (i. e. the Lesson Price and Service Fees);
- In the event of cancellation attributable to the Student, the Student will be reimbursed for the full amount paid by him/her (i. e. the Lesson Price and the Service Fees) and the Teacher will not receive any amount whatsoever;
If the cancellation occurs before the beginning of the lessonlessonue to the Student's actions, the Lesson (s) cancelled by the Student are automatically made available to other Students who can book them online.
Okaydak assesses in its sole discretion, on the basis of the information at its disposal, the legitimacy of the claims it receives.
In the case of a request for reimbursement of unused Credits, the request must be made using the site's contact form. The reimbursement is made following the request and without additional costs up to the amount of the available credit within a maximum period of 1 year following the addition of the credit. Service Fees are not refunded.
Okaydak assesses in its sole discretion, on the basis of the information at its disposal, the legitimacy of the claims it receives.
By accepting these Terms and Conditions, you expressly agree that the Contract between you and Okaydak consisting of putting in touch with another Member shall be executed before the expiration of the withdrawal period as soon as the Confirmation of Reservation is confirmed and expressly renounce your right of withdrawal, in accordance with the provisions of article L. 221-28 of the Consumer Code.
You acknowledge that you are solely responsible for compliance with all laws, regulations and obligations applicable to your use of the Platform.
In addition, by using the Platform and during the Lessons, you commit to:
(i) not pass on to Okaydak (including during the creation or updating of your Account) or to other Members any false, misleading, misleading, deceptive or fraudulent statements;
(ii) not to make any comments, conduct or publish on the Platform any content of a defamatory, abusive, obscene, pornographic, vulgar, offensive, offensive, aggressive, aggressive, inappropriate, violent, threatening, harassing, racist, xenophobic, sexually motivated, sexually charged, inciting hatred, violence, discrimination or hatred, encouraging any activity or use; or
(iii) not to infringe the rights and image of Okaydak, including its intellectual property rights;
(iv) not to open more than one Account on the Platform and not to open an Account in the name of a third party;
(v) not attempt to circumvent the Platform's online booking system in order to make the reservation outside the Platform and not pay the Service Fee;
(vi) not to contact another Member, in particular through the Platform, for any purpose other than to request information or to determine the terms and conditions of the Lesson;
(vii) not accept or make payment outside the Platform;
(viii) comply with these Terms and Conditions.
In addition, when you use the Platform as a Teacher, you commit to:
(i) publish Ads corresponding only to Lessons actually considered;
(ii) to carry out the Lesson as described in the Advertisement and to respect the timetables and physical or virtual places agreed upon with the other Members (in particular, meeting and drop-off places);
(iii) in the event of any impediment or change in the timetable or the Lesson, notify your Students without delay;
(iv) reach the Student at the time agreed upon by the means agreed upon with the Student;
(v) behave appropriately and responsibly during the lessonlesson
When you use the Platform as a Student, you commit to:
(i) in case of impediment, inform the Teacher without delay;
(ii) join the Teacher at the time agreed upon by the means agreed with the Teacher;
You have the option of terminating your contractual relationship with Okaydak at any time, free of charge and without cause. To do so, simply contact us using the contact form.
In the event of (i) breach by you of these Terms and Conditions, including your obligations as a Member, or (ii) Okaydak has serious reasons to believe that this is necessary to protect its security and integrity, that of its Members or third parties or for fraud prevention or investigation purposes, Okaydak reserves the right to:
(i) terminate, immediately and without notice, these TOS; and/or
(ii) prevent the publication or remove any notice, announcement, message, content, request for Reservation, or any content published by you on the Platform; and/or
(iii) limit your access to and use of the Platform; and/or
(iv) temporarily or permanently suspend your Account.
When necessary, you will be notified of such a measure being put in progress so that you can give an explanation to Okaydak. Okaydak will, in its sole discretion, decide whether or not to discontinue the action.
As part of your use of the Platform, Okaydak collects and processes some of your personal data. By using the Platform and registering as a Member, you acknowledge and agree to the processing of your personal data by Okaydak in accordance with the applicable law and the terms and conditions of the Platform.
Subject to the contents provided by its Members, Okaydak is the sole owner of all intellectual property rights relating to the Service, the Platform, its contents (including text, images, drawings, logos, videos, sounds, data, graphics) and the software and databases that ensure their operation.
Okaydak grants you a nonexclusive, personal, non-transferable license to use the Platform and the Services, for your personal and private use, on a non-commercial basis and in accordance with the purposes of the Platform and the Services.
You agree not to make any other use or exploitation of the Platform and the Services, and their content, without the prior written permission of Okaydak. In particular, you forbid yourself from:
(i) reproduce, modify, adapt, adapt, distribute, publicly represent, broadcast the Platform, the Services and their content, except as expressly authorized by Okaydak;
(ii) decompile, reverse engineer or reverse engineer the Platform or the Services, subject to the exceptions provided for by applicable law;
(iii) extract or attempt to extract (including by using robots for data extraction or any other similar data collection tool) a substantial part of the Platform's data.
In order to enable the provision of the Services and in accordance with the purpose of the Platform, you grant Okaydak a non-exclusive license to use the content and data you provide in connection with your use of the Services (hereinafter, your "Member Content"). In order to enable Okaydak to distribute via digital network and any communication protocol (including the Internet and mobile network), as well as to make the content of the Platform available to the public, you authorize Okaydak, worldwide and for the duration of your contractual relationship with Okaydak, to reproduce, represent, adapt and translate your Member Content in the following manner:
(i) you authorize Okaydak to reproduce all or part of your Member Content on any digital recording medium, known or unknown to date, and in particular on any server, hard drive, memory card, or other equivalent medium, in any format and by any method known and unknown to date, to the extent necessary for any storage, backup, transmission or downloading operation related to the operation of the Platform and the provision of the Service;
(ii) you authorize Okaydak to adapt and translate your Member Content, as well as to reproduce such adaptations on any digital medium, present or future, stipulated in (i) above, for the purpose of providing the Services, including in different languages. This right includes in particular the right to make, while respecting your moral right, modifications of the formatting of your Member Content in order to respect the graphic charter of the Platform and/or to make it technically compatible with a view to its publication via the Platform.
The Platform is an online networking platform on which Members can create and publish Lesson Ads. These Announcements may be consulted by other Members in order to learn more about the terms and conditions of the Lesson and, if necessary, to book a lessonlessontly with the Member who has posted the announcement on the Platform.
Okaydak has no control over the behaviour of its Members and Platform users. It does not own, operate, supply or manage the Advertising Lessons, nor does it offer any lessons on the Platform.
You acknowledge and agree that Okaydak does not control the validity, truthfulness or legality of the Advertisements and Lessons offered. As an intermediary, Okaydak does not provide any lessonlessonces and does not act as a Teacher or lessonlessonization, the role of Okaydak being limited to facilitating access to the Platform.
Members (Teachers or Students) act under their sole and complete responsibility.
In its capacity as an intermediary, Okaydak cannot be held liable for the actual conduct of a Lesson, and in particular for the fact:
(i) erroneous information communicated by the Teacher, in his or her Announcement, or by any other means, as to the Lesson and its terms and conditions;
(ii) the cancellation or modification of a Lesson by a Member;
(iv) the behaviour of its Members during, before, or after the Lesson.
Okaydak will endeavour, as far as possible, to keep the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without prior notice, due to technical maintenance, migration, updates or due to failures or constraints related to network operation.
In addition, Okaydak reserves the right to modify or discontinue, in its sole discretion, temporarily or permanently, all or part of the access to the Platform or its functionalities.
These Terms and Conditions and the documents incorporated by reference express the entire agreement between you and Okaydak regarding your use of the Services. Any other document, especially any mention on the Platform (FAQ, etc.), has only informative value.
These Terms and Conditions are subject to French law.
You can also submit, if necessary, your complaints relating to our Platform or Services, on the dispute resolution platform put online by the European Commission. The European Commission will forward your complaint to the competent national mediators. In accordance with the rules applicable to mediation, you are required, prior to any request for mediation, to have previously notified Okaydak in writing of any dispute in order to obtain an amicable solution.
The information that you transmit directly or automatically to us (for example, during the Facebook connection) is necessary for the Platform to function properly and may be communicated in whole or in part to Okaydak's service providers (for example, in the case of payments and transfers made through the Platform). The customer is informed that the same personal data may also be collected by a body in charge of analysing orders and combating credit card fraud. In accordance with the French Data Protection Act no. 78-17 of 6 January 1978, the customer has the right to access, rectify, oppose and delete data concerning him/her.
Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for its publisher and providing other services relating to website activity and Internet usage.
Google may communicate this data to third parties in the event of legal obligations or when these third parties process this data on Google's behalf, including in particular the publisher of this website.
The Platform is published by Okaydak, a limited liability company with a capital of 1.000,00 euros registered in the Brest Trade and Companies Register under number 834 792 731, whose registered office is located at 6, rue de Porstrein Port de Commerce 29200 Brest (France) (email: firstname.lastname@example.org), represented by its President, Timothy Harrington, Director of publication of the Site.
The Site is hosted in Ireland by Heroku Inc, The Landmark @ 1 Market St., Suite 300, San Francisco, CA, 94105, United States. The Site is managed by Heroku Inc.
If you have any questions, you can contact Okaydak using the contact form.
Date of update: December 26, 2018