Terms and Conditions of Use of the TooShare Educational Social Platform

Welcome to TooShare, the educational social platform (hereinafter : ” the Platform “).

The continuation of the navigation on this Platform implies the acceptance without reserve of the following provisions and conditions of use. The version of these terms of use currently online is the only one that can be enforced during the entire period of use of the Platform and until a new version replaces it.

The present general conditions (hereinafter the “General Conditions”) govern the access and use of the TooShare Platform and are concluded between the Users and TooShare, SAS with a capital of 5.000.000 CFA Francs registered under the unique identification number DK SN 2020-B-19214, having its head office at 32 rue Jules Ferry BP 1721 DAKAR (Senegal) (hereinafter: “TooShare”).

Every visitor acknowledges having read the General Conditions before using the Platform or the Website http://about.tooshare.com and declares to accept them in full without reserve.

Each of the expressions mentioned below will have the following meaning in the present General Conditions:

  • “Site”: means the social educational web platform TooShare, accessible primarily at the address http://about.tooshare.com and may, thereafter, be made accessible by any other address and in any other format;
  • “Services” : all the services implemented and provided by TooShare through the Website and allowing access to an educational social platform facilitating the sharing of online courses;
  • “User(s)” : any person who uses the features of the Website;
  • “Course”: means any Content published on the Site by a User, or from third party sites, allowing to deliver to other Users an education in any field of activity;
  • “Content(s)”: means any element published by the User on the Site and in particular any textual, graphic, musical or sound element, any message, information, course, brand, domain name, acronym, logo, any title, character, name, theme, object, setting, effect, text, dialogue, catchphrase, location, character, diagram, concept, design, graphics, animation, sound, musical composition, choreography, video, audio-visual effect, and any other element published by the User on the Site

Last update: August 2nd, 2022

ARTICLE 1. LEGAL NOTICE

The Host of the Website: The Platform tooshare.com is hosted by Amazon Web Services (31 Place des Corolles, 92400 Courbevoie, France).

The Platform: TooShare

The Editor of the Website: TooShare SAS with a capital of 5.000.000 CFA Francs registered under the unique identification number DK SN 2020-B-19214, having its head office at 32 rue Jules Ferry BP 1721 DAKAR (Senegal) represented by Abdoulaye Mbengue, in his capacity as President.

E-mail address: contact@tooshare.com.

Director of the publication: Abdoulaye Mbengue.

ARTICLE 2 : ACCEPTANCE OF THE CONDITIONS

By accessing and using TooShare Services, the User confirms to accept the present General Conditions and to comply with them. The access to the Services is also subject to the respect of the TooShare Privacy Policy, which can be consulted directly on the Platform or, when the Platform is proposed for download, on the Applications store accessible from the User’s mobile device, directly in the General Conditions.

By accessing or using the Services from a country for which there are separate supplementary terms and conditions, User also agrees to the supplementary terms and conditions as described below applicable to Users in each country, and, in the event of a conflict between the provisions of the supplementary terms and conditions – Country Specific that are relevant to User’s situation and the remainder of these Terms, the supplementary terms and conditions – Country Specific shall prevail. If the User does not accept the present Conditions, he must not access or use the TooShare Services.

TooShare reserves the right to refuse access or to exclude without prejudice of any damages and interest for the User and without prior notification, any User who would not respect the General Conditions and the Privacy Policy and also to delete any content shared by the User in case of infringement of the law, as well as in case of claim of a third party.

ARTICLE 3 : MODIFICATIONS OF THE CONDITIONS

TooShare reserves the right to modify at any time the General Conditions and the Privacy Policy while preserving the respect of the provisions of the law relating to the protection of personal data. TooShare will endeavour to inform all Users of important modifications to the present Terms and Conditions, notably through a notice published on the Platform. However, the User will have to consult regularly the General Conditions to take note of these modifications. Continued access to or use of the Services after the date of the new Terms and Conditions shall constitute acceptance of the new conditions. If the User does not accept the new Terms, he/she must stop accessing or using the Services.

ARTICLE 4 : OBJECT

TooShare provides to the Users an educational social platform allowing the sharing of online courses.

The Platform is accessible at the address www.tooshare.com or through a hypertext link redirecting the User directly to the Website. The Platform can be used as a social network and as an online teaching tool.

On the social network, the User can :

  • manage his profile page ;
  • follow Users ;
  • discuss with Users ;
  • share information in the form of publications ;
  • comment on publications ;
  • create and manage a professional page.

On the online education the User can:

  • search for courses ;
  • view course suggestions ;
  • take online courses;
  • give a grade to courses taken;
  • manage courses taken ;
  • be redirected to third-party platforms to take online courses ;
  • participate in private group discussions ;
  • learn about educational institutions ;
  • create and publish online courses ;
  • broadcast a live course (public or private) ;
  • create and manage classrooms.


ARTICLE 5: AVAILABILITY OF THE APPLICATION

In order to use the Platform via a computer, a smartphone, a digital tablet or any other mobile terminal, the User must have appropriate broadband Internet access, a telephone subscription allowing access to the Internet, a cell phone and/or a mobile terminal compatible with the Platform such as: smartphones and tablets under Android or iOS system, a wap or wifi or 3G/ 4G connection on his phone or mobile terminal.

The website is accessible 24 hours a day, 7 days a week except in case of force majeure or the occurrence of an event beyond the control of the provider and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of it.

For the good management of the website, TooShare can at any time :

  • suspend, interrupt or limit the access to all or part of the Site, reserve the access to the Site, or to some parts of the Site, to a determined category of Users;
  • delete any information that may disrupt the operation of the Site or that may be contrary to national or international law;
  • suspend the Site in order to proceed with updates;
  • carry out maintenance and/or updates without prior notice to the Users.


ARTICLE 6: CREATING AN ACCOUNT ON THE TOOSHARE PLATFORM.

In order to access the Platform, the User must first register and create a User account. To create an account and access the Services, the User must be over 13 years old and fully capable of accepting these Terms and Conditions. The User creating an account on the Platform has the possibility to access it by connecting thanks to the identifiers provided during his registration and by using systems such as buttons of connection third of social networks.

In order to register, TooShare will send him, by email or SMS, a link allowing him to connect to the Platform. The User commits himself to fill in the registration form in good faith, without resorting to fanciful data, and to provide accurate, up-to-date and complete data. TooShare, which does not have the means to ensure the identity of people registering on the Platform, cannot be held responsible in case of identity theft, use of a false quality or any misleading information.

By registering, the User chooses a password for strictly personal use and accepts the present General Conditions by checking the box provided for this purpose. It is recommended to choose a complex password. In case of forgetfulness of the password, the member has the possibility to generate a new one.

The User undertakes not to communicate, transfer, sell or sublet his login and/or password to a third party.

The User is free to unsubscribe at any time. To do this, the User must use the account deletion link in his account settings or send an e-mail to the following address: support@tooshare.com, indicating that he wishes to delete his account. No recovery of his data will then be possible.

ARTICLE 7: ACCESS

Access to the Platform by the User is done either by entering his login information or remotely from the link communicated to the Users, after having filled in the personal identifiers and passwords.

Access to the Platform can also be made by invitation of a User. To do so, the User wishing to invite another User sends, either by email, messenger, Whatsapp or SMS, a message with a link to the registration page of the Platform.

ARTICLE 8: COMMITMENT AND OBLIGATIONS OF USERS.

The Users commit themselves :

  • to be moderate in the comments put online and not to use any defamatory term or contrary to good morals and decency;
  • not to make any appreciation on the Site or on the persons appearing in the Contents published by the Users or presented on the Site which could be denigrating or damage the image of the Services or the TooShare company or the persons appearing in the Contents presented on the Site;
  • to inform TooShare of any fraudulent use by a third party of its identity, its image or its identifiers;
  • not to use several TooShare accounts in the use of the services of the Site. TooShare can, at any time and at its own discretion, suspend or delete such multi-accounts;
  • The Users guarantee TooShare against any claim related to the information they could have given and/or the Contents they could have published.

The User is the only one responsible for the Contents put on line by his care on the Site since in his quality of host of the service here considered, in the sense of the provisions of the law, TooShare could not be responsible for the Contents transmitted or put on line by the Users on the Site and on which Tooshare does not exert any power of control and monitoring.

The User acknowledges that he/she is the owner or the holder of the necessary rights and/or authorizations related to the copyrights or other intellectual and/or industrial property rights that may be attached to his/her Content published on the Website (images, sounds, texts, graphics, videos, etc.)

The User acknowledges that he/she has the prior written authorization of each physical person identifiable in his/her Content published on the Site (images, sounds, texts, graphics, videos, etc.) to use their name and/or their image and/or their voice, in particular, for the purposes of their distribution on the Site, with a view to use in accordance with the terms set forth in these General Conditions. The User has in general any authorization of any kind whatsoever for the Content published on the Site (images, sounds, texts, graphics, videos, etc.).

The User expressly undertakes, under penalty of criminal or civil liability, to ensure that the Content he or she publishes is not of a nature to, without this list being exhaustive :

  • constitute a violation of the intellectual property rights of third parties; in this respect, the User undertakes not to reproduce or communicate to the public on the Site elements protected by copyright, registered as a trademark or more generally protected by any other intellectual property right held by third parties without the prior consent of the holder or holders of such property rights;
  • contain computer viruses likely to interrupt, destroy or alter the functionality of the Site;
  • advocate crimes or contain illegal, threatening, pedophilic, pornographic, defamatory, obscene, hateful, racist, xenophobic, revisionist messages or messages contrary to public order or morality;
  • infringe on the privacy or dignity of third parties;
  • incite violence, fanaticism, crime, suicide, hatred because of religion, ethnicity, gender, sexual orientation, ethnicity ;
  • harass other Users with whom the User has come into contact during discussions on the various communication spaces of the Site;
  • promote or encourage any criminal activity or enterprise;
  • solicit and/or disclose passwords and/or personal information for commercial or illegal purposes
    transmit chain letters, unsolicited mass mailings, instant messages, unwanted advertising messages or unsolicited mail;
  • contain advertisements and/or solicitations to offer products and/or services for sale through the Site
    contain addresses or hypertext links to external sites whose content is contrary to the laws and regulations in force, which infringe on the rights of third parties or which would be contrary to the present conditions.

TooShare reserves the right, at any time and without notice, to remove or deactivate access to the Platform at its discretion and for any reason whatsoever. The reasons for which TooShare can remove or deactivate the access to the Platform can be in particular that the published Content appears unacceptable, in violation of the present General Conditions.

ARTICLE 9 : INTELLECTUAL PROPERTY

9.1 Intellectual Property of the Courses published by the Users
Before publishing any Course, the User assures that he/she has the necessary authorizations for the exploitation of the intellectual property rights attached to the Content making up the Courses (images, sounds, texts, graphics, videos, etc.).

The Users publish their Courses free of charge, their online publication does not give right to any remuneration, which they expressly accept.

The Courses of the Users published through TooShare remain their sole and entire property. Without prejudice of what precedes and so that the Courses can be put on line on the Site, the Users recognize to concede the necessary authorizations to TooShare allowing the following exploitations:

the reproduction of the Courses of the Users in whole or in part, their integration and their communication on the Site, accompanied or not by other Contents, as well as their communication to the public by all vectors or support of communication known or unknown to this day;
the rights of adaptation, for the needs of the exercise of the rights mentioned above.
This transfer is delivered free of charge, for the whole world and for the whole duration of the legal protection as from the date of putting the Courses on line on the Site.

The Courses are likely to be diffused by TooShare on any page of the Site.

It is specified that if TooShare has the slightest doubt on the fact that the User does not necessarily have all the authorizations useful to the publication of its Courses, TooShare will be able to ask the User for all justifications and to withdraw the Courses while waiting for the answer of the User.

TooShare can reference all or part of the Courses published by the Users in order to facilitate the management of the storage and the access to them.

The Users are also informed that the storage of the Courses can imply the compression and the automatic encoding of all or part of the elements of the Courses, of some of the contents (notably videos) and that these operations can sometimes generate intrinsically possible degradations of quality. Consequently, the Users accept the full responsibility, especially towards any third party.

TooShare will nevertheless make all its efforts to ensure an optimal quality of diffusion of the Users’ Courses.

9.2: Intellectual property of Content
Before any publication of Contents, the User assures to have the necessary authorizations relative to the exploitation of the rights of intellectual property possibly attached to this contribution (copyright, image right, right of the marks etc.) through notably their reproduction and their diffusion on the site.

In the same way, TooShare will be able to delete from the Site, at its convenience and at any time, any content in order to ensure the good functioning of the Site and the respect of the present General Conditions.

9.3 Intellectual property of the Website
9.3.1 Hypertext links
The Website can include links to other websites or other sources on the Internet. Insofar as TooShare cannot control these sites and these external sources, TooShare cannot be held responsible for the availability of these sites and external sources, and cannot bear any responsibility for the Contents, advertisements, products, services or any other material available on or from these sites or external sources.

Moreover, TooShare cannot be held responsible for any damage or loss proven or alleged consecutive or in relation with the access, the use or with the fact of having trusted the contents, the goods or the services available on these external sites or sources. Finally, TooShare reminds that any creation of hypertext link to the home page of this Site or any other page of the Site is subject to the express, prior and written agreement of TooShare.

9.3.2 Site elements
All the elements (texts, logos, images, sound elements, software, icons, layout, database etc.) contained in the Site and in the associated sites are protected by the national and international law of the intellectual property. These elements remain the exclusive property of TooShare.

For this reason, without prior written authorization from TooShare, the User cannot proceed to any reproduction, representation, adaptation, translation and/or transformation, partial or complete, or to a transfer on another website of any element composing the Website.

Failure to comply with this prohibition may constitute an act of counterfeiting for which the User may be held civilly and criminally liable.

In accordance with the provisions of the Intellectual Property Code, only the use of the elements making up the Site is authorized for strictly personal purposes.

9.3.3 Brands
The brand ” TooShare ” has been registered by TooShare company.

Any reproduction of this brand, by any means whatsoever, without prior written authorization from TooShare is prohibited by law.

9.3.4 Data base
Several databases are accessible on the Website.

The Users are informed that the extraction, by permanent or temporary transfer of the totality or of a qualitatively or quantitatively substantial part of the Content of these databases on another support, by any means and under any form is forbidden by the law.

It is also forbidden to reuse, by making available to the public, all or a qualitatively or quantitatively substantial part of the contents of these databases, whatever the form.

ARTICLE 10: PROTECTION OF PERSONAL DATA

10.1 Collection of personal data
The personal data that are collected on the Site are the following:

Account opening

When the User’s account is created, his name, first name, e-mail address.

Login

When the User connects to the Platform, the Platform records, in particular, his/her name, first name, connection data, usage data and location data.

Profile

The use of the Platform’s services allows the User to fill in a profile, which may include an address and a telephone number.

Communication

When the Platform is used to communicate with other Users, the data concerning the User’s communications are temporarily stored.

Cookies

Cookies are used as part of the use of the site. The User has the possibility to deactivate the cookies from the settings of his browser.

Scholarships Programs 

Only in the optional scholarship application process, the Platform records personal data and documents such as date of birth, country of residence, nationality and proof of identity and residence.

10.2 Use of personal data
The personal data collected from Users is used to provide and improve the Platform services and to maintain a secure environment. More specifically, the uses are as follows:

  • access and use of the Platform by the User;
  • management of the operation and optimization of the Platform;
  • verification, identification and authentication of data transmitted by the User;
  • offering the User the possibility of communicating with other Users of the Platform;
  • implementation of User assistance;
  • personalizing services by displaying advertisements based on the User’s browsing history;
  • prevention and detection of fraud, malware and management of security incidents;
  • management of possible disputes with Users;
  • sending commercial and advertising information, according to the User’s preferences.

Only in the optional process of applying for scholarships, the personal data collected from Users is intended for selection, admission and verification of eligibility requirements for the scholarship program by TooShare and its partner, the NGO Study Access Alliance.

10.3 Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:

  • when the User publishes, in the free comment areas of the Platform, information accessible to the public ;
  • when the User authorizes the website of a third party to access his data;
  • if the law requires it, TooShare can carry out the transmission of data to follow up the claims presented against the Platform and to conform to the administrative and judicial procedures;
  • if TooShare is involved in a merger, acquisition, sale of assets or receivership, it may have to sell or share all or part of its assets, including personal data. In such a case, Users will be informed before personal data is transferred to a third party.

Only in the optional scholarship application process, personal data collected from Users may be shared with its partner, the NGO Study Access Alliance.

10.4 Security and confidentiality
TooShare implements organizational, technical, software and physical measures in terms of digital security to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, TooShare cannot guarantee the security of the transmission or storage of information on the Internet.

10.5 Implementation of the Users’ rights
In application of the regulation applicable to personal data, the Users have the following rights:

  • update or delete their data by logging into their account and configuring the account settings;
    delete the account, by writing to the following email address: support@tooshare.com. Note that information shared with other Users, such as forum postings, may remain publicly visible on the Platform even after their account is deleted;
  • exercise their right of access to their personal data by writing to the following e-mail address: support@tooshare.com. In this case, before the implementation of this right, TooShare can ask for a proof of the identity of the User in order to verify its accuracy;
  • if the personal data held by TooShare are inaccurate, the User can ask for the update of the information, by writing to the following email address: support@tooshare.com ;
  • the Users can ask for the deletion of their personal data, in accordance with the applicable laws on data protection, by writing to the following e-mail address: support@tooshare.com.

10.6 Evolution of the present clause
TooShare reserves the right to make changes to this clause on the protection of personal data at any time. If a modification is brought to the present clause, TooShare commits itself to publish the new version on its site. TooShare will also inform the Users of the modification by email, at least 15 days before the effective date. If the User does not agree with the terms of the new writing of the clause of protection of personal data, he has the possibility to delete his account.

ARTICLE 11 : RESPONSIBILITY

The User agrees to defend, indemnify and hold harmless TooShare, its parent companies, subsidiaries and affiliates, and each of their respective officers, employees, agents and advisors with respect to all claims, liabilities, costs and expenses, including but not limited to, arising from a breach of these Terms and Conditions and in particular its obligations and commitments under these Terms and Conditions.

Users are personally responsible for setting up the computer and telecommunications resources required to access the Site, as well as the knowledge required to use the Internet and access the Site. Users are responsible for all connection and equipment costs related to Internet access and use of the Site.

The Users use the Website at their own risk. TooShare can not be held responsible for any damage that users or any other Internet user could suffer as a result of such use.

Moreover, TooShare declines any responsibility as for the losses or indirect damages, whatever the causes, origins, natures or consequences, including in particular the costs which can occur because of loss of chance, loss of turnover, expected profit, brand image, computer equipment, data or any other loss of intangible goods which can occur because of the access of whoever to the Site or the impossibility to access it.

The Site contains Contents coming from third persons and links towards other Internet sites, whose contents TooShare cannot control. TooShare will not be held responsible for any damage resulting from the use, access or inability to access these third party contents.

TooShare will not be held responsible for any guarantee, of any kind, implicit or explicit, concerning the integrity, the non-infringement, the availability, the reliability or the exhaustiveness of the Contents, or services appearing on the Site nor their adequacy to the use that the Users plan to make.

Within the framework of these Conditions it is expressly understood that TooShare intervenes as a host of Contents. As such, TooShare is not bound to any general obligation of surveillance of any Content submitted or diffused via its services.

In general, with regard to the Users and third parties, TooShare’s responsibility can only be engaged in case of fault by TooShare realized in the execution of its commitments under the present GCU.

Any claim filed by a User against TooShare must be formulated in the 6 months following the appearance of the event, object of the claim.

ARTICLE 12 : LANGUAGE OF THE CONTRACT

The contract is written in French language. In case it would be translated in one or several languages, only the French text would be authentic in case of litigation.

ARTICLE 13 : APPLICABLE LAW

The present General Conditions are governed by Senegalese law and are subject to the jurisdiction of the Commercial Court of Dakar, subject to a specific attribution of jurisdiction arising from a particular legal or regulatory text.

ARTICLE 14: COMPLETENESS

The present General Conditions constitute the totality of the legal agreement between the User and TooShare. They govern the use of the Services and replace entirely all previous agreements between the User and TooShare in relation to the Services.

If one or more of the provisions contained in the present TOS were to be incorrect, illegal or inapplicable, in any way whatsoever, the validity, legality and applicability of the other provisions would not be affected in any way.

Contact us
For any question, information on the services available on the Site, or concerning the Site itself, you can contact TooShare at the following address: contact@tooshare.com