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THIS DOCUMENT WAS LAST UPDATED ON MAY 18, 2025
Important: This is a translation of the french Terms of Use agreement, « Modalités d’utilisation ». In the event of any differences in translations or interpretations of this agreement, the French version shall prevail.
iBiz Avenue inc. (hereinafter "iBiz Avenue") is the owner-operator of the MieuxEnseigner online platform and acts as the official merchant ("Merchant of Record"), handling financial transactions, tax collection, and compliance with applicable financial regulations.
MieuxEnseigner is a platform that enables the purchase, sale, and sharing of educational materials created by educators for educators.
MieuxEnseigner comprises all sites operated by iBiz Avenue, including but not limited to the Websites www.mieuxenseigner.com, www.mieuxenseigner.ca, www.mieuxenseigner.fr, www.mieuxenseigner.be and www.mieuxenseigner.ch.
The Sites consist of services and informational content provided by iBiz Avenue, by iBiz Avenue-affiliated companies, and by third parties (the Authors).
MieuxEnseigner facilitates the connection between Authors and Buyers previously registered on any of the Sites. iBiz Avenue, as the official merchant, handles all financial transactions conducted on the platform, including payment collection and tax processing.
This Agreement sets forth the terms and conditions which apply to the use by you of the iBiz Avenue Inc. Sites (as defined below) and any other subscription product or service offered for sale by iBiz Avenue Inc. The right to use any product or service offered by iBiz Avenue Inc. is personal to you and is not transferable to any other person or entity.
This agreement outlines the Terms of Use and operation of MieuxEnseigner, including all features, offers, content, stores, and other services provided by iBiz Avenue. This agreement applies to any User of any of the Sites, whether they are registered as a Member or not. The right to use any Product or service offered is a personal right that cannot be transferred to another individual or entity.
By using the iBiz Avenue Inc. Sites and the Community Areas, you affirm that you are 18 years or older to enter into these Terms of Use. If you do not meet this age requirement, you are not eligible to become a member of the iBiz Avenue Inc. Sites and the Community Areas.
By using MieuxEnseigner, you confirm that you are 18 years of age or older to accept these Terms of Use. If you do not meet this age requirement, you are not eligible to become a Member of MieuxEnseigner.
1. Definitions
"Buyer" refers to a Member who has indicated their acceptance of the offer from MieuxEnseigner for the purchase of a Product.
"Content(s)" refers to any content provided by a Member on one or more Sites, including but not limited to Products, data, information, texts, listed items, descriptions, comments, reviews of Authors or Products, names, pseudonyms, trademarks, photographs, images, sounds, videos, logos, and any other items provided by the Member on MieuxEnseigner.
"Member" refers to any person who registers on MieuxEnseigner.
"MieuxEnseigner" refers to the functional and organizational structure established by iBiz Avenue to facilitate the connection between Authors and Buyers of Products. MieuxEnseigner includes all the Sites and refers to the whole or any part of the Sites.
"Product" refers to a product listed for sale on MieuxEnseigner, sold by MieuxEnseigner on behalf of an Author. The Product must comply with these Terms of Use and, in particular, must not be a Prohibited Product.
"Products" refers to all products listed for sale on MieuxEnseigner, sold by MieuxEnseigner on behalf of the Authors.
"Prohibited Product" refers to a product prohibited for sale on MieuxEnseigner.
"Site" refers to any of the sites located at www.mieuxenseigner.com, www.mieuxenseigner.ca, www.mieuxenseigner.fr, www.mieuxenseigner.be, and www.mieuxenseigner.ch (or any other addresses that may replace them).
"Sites" refers to all of the aforementioned Sites. The Sites are part of the MieuxEnseigner platform.
"User" refers to any person who uses MieuxEnseigner, whether they are a Member or not.
"Author" refers to a Member who shares Products and offers them for sale through MieuxEnseigner on one or more MieuxEnseigner Sites.
2. General Terms
ACCEPTANCE OF THE TERMS
By using MieuxEnseigner, you agree to comply with this agreement. Furthermore, when using MieuxEnseigner, you consent to follow all guidelines displayed, understanding that these may be modified from time to time. If you object to any terms or guidelines of this agreement, or to any subsequent modifications, or are dissatisfied with MieuxEnseigner in any way, your sole remedy is to immediately cease using MieuxEnseigner.
CHANGES TO THE SITES
iBiz Avenue reserves the right at any time to change or discontinue any feature or characteristic of the Sites, including but not limited to content, availability hours, and equipment required to access or use them. These changes, modifications, additions, or deletions will take effect immediately upon notification, which may be made, among other ways, by posting on the Sites or by email notice. Your continued use of the Sites constitutes your acceptance of any changes, modifications, additions, or deletions made.
Maintenance, updates, or technical improvements to MieuxEnseigner may cause disruptions in access conditions. The scheduling of maintenance, update, or technical improvement operations will aim to minimize impact on site usage by Members. Regular or scheduled maintenance, updates, or improvements will take place during off-peak usage periods, and if their duration needs to be extended, iBiz Avenue will make every effort to notify Members as soon as possible. However, there may be instances where such operations must be carried out unexpectedly, e.g., in the case of unforeseen disruptions (such as attacks, viruses, etc.). In such cases, accessibility to MieuxEnseigner cannot be fully guaranteed, and iBiz Avenue's liability will be excluded in this regard.
MODIFICATION OF THE TERMS
We reserve the right, at our sole discretion, to modify or otherwise alter the terms (Terms of Use and Terms of Sale) of the Sites at any time. These modifications will take effect as soon as they are posted on the site.
You agree to periodically review the terms (Terms of Use and Terms of Sale) of this agreement in order to be aware of any changes.
3. Use of MieuxEnseigner
(a) MieuxEnseigner may only be used for lawful purposes. No content that is violent or in any way infringes upon the rights of others, is illegal, constitutes a threat, is abusive, defamatory, violates privacy or publicity rights, is vulgar, obscene, sacrilegious, indecent, or otherwise objectionable, encourages conduct that could constitute a criminal act, exposes one to civil liability, or otherwise violates any law, shall be posted or communicated via MieuxEnseigner. In iBiz Avenue’s sole discretion, no conduct that restricts or interferes with any other user’s ability to use or enjoy MieuxEnseigner will be tolerated. Advertising or commercial solicitation may be posted or transmitted on the Sites with the prior express consent of iBiz Avenue and only if such advertising or commercial solicitation complies with the conditions established by iBiz Avenue.
(b) MieuxEnseigner consists of Content, including but not limited to Products, data, information, texts, listed items, descriptions, comments, reviews, names, pseudonyms, trademarks, photos, images, sounds, videos, and logos. This Content is protected by copyright, trademarks, and other registered marks. This Content is also protected by copyright as a compilation under Canadian law.
iBiz Avenue holds the copyright for all the Sites. iBiz Avenue holds the copyright for the selection, coordination, arrangement, and enhancement of this Content as well as the original Content. Each Author holds the copyright for their own Products. It is prohibited to modify, publish, distribute, display, participate in the distribution or sale of, create derivative works from, or exploit, in any way, the Content or any part of the Content on MieuxEnseigner. Unless expressly permitted by copyright law, it is prohibited to copy, redistribute, publish, display, or commercially exploit any Content from MieuxEnseigner without the express consent of iBiz Avenue or the copyright holder. In the event that permission to copy, redistribute, or publish any Content from MieuxEnseigner has been granted, it is prohibited to modify or remove any author’s notice, trademarks, captions, or copyright notice.
You acknowledge that downloading any copyrighted Content does not grant you ownership of such Content. Without limiting the generality of the foregoing, you agree not to distribute, rewrite for distribution, or publish or redistribute directly or indirectly by any medium any text, photo, illustration, audio or video device found on MieuxEnseigner that is owned by iBiz Avenue. This Content may not be stored in whole or in part on any computer except for personal, non-commercial use. iBiz Avenue shall not be liable for any delays, inaccuracies, errors, or omissions resulting therefrom or for the transmission or delivery of all or part of it or for any damage arising from the foregoing. Any copy, republication, or redistribution of iBiz Avenue's Content, including caching, framing, or any other similar means, is expressly prohibited without the prior written consent of iBiz Avenue. iBiz Avenue cannot be held liable for any errors in Content or any action taken based on such Content.
(c) You may not upload, display, or make available on MieuxEnseigner any Content protected by copyright, trademarks, or any other proprietary rights without the express consent of the copyright holder, trademark owner, or other rights holders. You are responsible for ensuring that the Content is not protected by copyright, trademarks, or other rights. You alone will be responsible for any damages arising from any infringement of copyright, trademark, or any other proprietary right, or any harm caused by any upload, display, or submission.
(d) You may not (i) select or use the name of a Member or the email address of another person with the intent to impersonate that person; (ii) use the name of a Member or the email address of any other person without authorization; (iii) use a Member name that violates the intellectual property rights of any person; or (iv) use a Member name that iBiz Avenue considers offensive.
(e) The information you provide to iBiz Avenue must be accurate, complete, and up-to-date at the time of registration.
(f) The Sites contain hyperlinks directing you to other websites, resources, and advertisers. iBiz Avenue is not responsible for the availability of these external sites and does not endorse or assume responsibility for the content, advertising, products, or anything else available on or through these external sites. iBiz Avenue shall not, under any circumstances, be held liable, directly or indirectly, for any loss or damage caused or alleged to be caused to a user in connection with the use of or reliance on any content, goods, or services available on such external sites. For any concerns, you should contact the administrator or webmaster of the external site in question directly.
(g) iBiz Avenue has carefully designed its Sites with the goal of delivering certain Content to its Users in a format and with an appearance unique to the platform. No third party has the right to use the Content of the Sites in a manner that interferes with this purpose. In particular, iBiz Avenue prohibits any party from displaying content on MieuxEnseigner in a format where third-party advertising or any other content not approved by iBiz Avenue is visible or potentially visible in conjunction with Content owned by iBiz Avenue.
4. Monitoring.
iBiz Avenue has the right, but not the obligation, to monitor the Content added to MieuxEnseigner in order to ensure its compliance with the terms of this agreement and with any other operating rules established from time to time by iBiz Avenue. iBiz Avenue has the right, at its sole discretion, to modify, refuse to display, or remove any Content submitted or displayed on MieuxEnseigner. iBiz Avenue specifically has the right, but not the obligation, to remove any Content that it considers, at its sole discretion, to violate the provisions of this agreement, or to be otherwise unacceptable or outdated. Notwithstanding this right of iBiz Avenue, the Authors will remain solely responsible for their content. You acknowledge and consent that neither iBiz Avenue nor its affiliated companies shall be held liable or responsible for any action or inaction of iBiz Avenue with respect to any behavior, communication, or display on MieuxEnseigner.
5. Disclaimer of Warranty; Limitation of Liability
(a) You expressly acknowledge that the use of MieuxEnseigner is at your own risk. Neither iBiz Avenue nor its affiliated companies, nor their employees, agents, Authors, or licensors, guarantee that the Sites will operate without interruption or be error-free; they also make no warranties regarding the results that may be obtained from using the Sites or the accuracy, reliability, or Content of any information, service, or Product provided on MieuxEnseigner.
(b) MieuxEnseigner is provided to you "as is," "as available," without any express or implied warranty, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than warranties that are implied and cannot be excluded, restricted, or modified under applicable laws governing this agreement.
(c) The disclaimers found in Section 5 apply to any damage or harm caused by a failure to perform, error, omission, interruption, deletion, defect, delay in application or transmission, computer virus, defect in communication lines, theft or destruction or unauthorized access, modification, or use of records, whether arising from breach of contract, tort, negligence, or any other cause of action. You specifically acknowledge that iBiz Avenue is not responsible for defamatory, offensive, or illegal conduct by any other User or third party and that the risks of harm, given the above, are entirely borne by you.
(d) iBiz Avenue or any person involved in the creation, production, or distribution of the Sites shall under no circumstances be held liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Sites or from any breach of warranty. You hereby acknowledge that the provisions of this Section 5 apply to all Content on MieuxEnseigner. iBiz Avenue's liability to Users shall in no event exceed the total amount paid to iBiz Avenue by the concerned User.
(e) iBiz Avenue does not endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement given or made on its sites, nor for any offensive, defamatory, or obscene display on MieuxEnseigner by anyone other than the employees or spokespersons of iBiz Avenue acting in the official course of their duties. iBiz Avenue shall not be held liable for any loss or damage caused by relying on the information obtained from the Content available on the iBiz Avenue Sites. You are responsible for evaluating the accuracy, completeness, or usefulness of any information, opinion, recommendation, or other Content available through MieuxEnseigner. Please seek professional advice, when necessary, regarding the evaluation of any specific information, opinion, recommendation, or other content, including but not limited to any financial information, opinions, recommendations, or content concerning pedagogy or the appropriateness of any Content.
(f) iBiz Avenue will not participate in or oversee any transaction between Users and Authors in any way. As with the purchase of any other product or service by any other means or in any context, you must exercise discretion and act with caution when required. The products that iBiz Avenue makes available on the Sites are provided without any warranties, express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than warranties that cannot be excluded, restricted, or modified under applicable laws governing this agreement.
(g) You agree that iBiz Avenue shall not be responsible or liable for any loss or damage arising from any exchange. If there is a dispute or conflict between Members or Users of iBiz Avenue’s sites, you understand and agree that iBiz Avenue is not obligated to intervene or be involved. In the event of a dispute or conflict with one or more Users, you hereby release iBiz Avenue, its officers, employees, agents, and legal successors from any claim, demand, and damage (whether current or consequential) of any kind or nature, known or unknown, foreseeable or unforeseeable, disclosed or undisclosed, arising from or related in any way to such dispute or conflict.
6. Indemnification.
You agree to defend, indemnify, and hold harmless iBiz Avenue, its affiliated companies, and their respective directors, officers, employees, and agents from any claims and expenses, including attorney fees, that may arise due to your use of MieuxEnseigner.
7. Termination.
These Terms of Use are effective for an indefinite period and may be terminated at any time by the Member or by iBiz Avenue, without cause, via email or through MieuxEnseigner. The terms of Sections 5, 6, 7, 8, and 13 will remain in effect after the termination of these Terms of Use.
Without limiting other remedies, iBiz Avenue reserves the right to issue a warning, temporarily or permanently suspend the registration and account of a Member, terminate the account, cease providing services to the Member, and/or terminate these Terms of Use, with immediate effect, in the following cases:
(i) in the event of a violation of any part of these Terms of Use or the documents incorporated by reference (including the cases outlined below);
(ii) if iBiz Avenue is unable to verify or authenticate the information provided by the Member, and the Member fails to respond to requests for verification or authentication;
(iii) if the Member's actions are likely to result in liability for iBiz Avenue, the Member, or any other Member;
(iv) in the event of behavior by the Member that contravenes the quality service commitments of MieuxEnseigner, potentially harmful, detrimental, or unfair to MieuxEnseigner, iBiz Avenue, or any Member;
(v) for any other just cause at iBiz Avenue’s discretion.
In the event of termination resulting in automatic account closure, the Member's account will be deactivated, and the Author's resources will become inaccessible and disappear from MieuxEnseigner's search engine on the effective date of termination. These Terms of Use will automatically be terminated by operation of law on the account closure date.
8. Trademarks
All trademarks found on the iBiz Avenue Sites are the property of their respective owners, including iBiz Avenue, in certain cases.
9. Agreements and Obligations of iBiz Avenue
MieuxEnseigner is an online platform where Products, in compliance with these Terms of Use (and in particular iBiz Avenue's policy regarding authorized and prohibited Products for sale), are offered for sale, sold, and purchased by Members, as long as their offer, sale, or purchase does not violate applicable laws and these Terms of Use.
To this end, iBiz Avenue (i) offers Authors the opportunity to present and sell their Products and their universe through a virtual store specific to each Author, (ii) provides Authors with tools to showcase and promote their Products, and (iii) offers Members community tools to communicate with other Members and exchange information.To this end, iBiz Avenue (i) offers Authors the opportunity to present and list their Products through a virtual space specific to each Author, (ii) provides Authors with tools to showcase and promote their Products, and (iii) offers Members community tools to communicate with other Members and exchange information.
iBiz Avenue acts as the Merchant of Record for all transactions on MieuxEnseigner. This means that iBiz Avenue is the seller in all sales between Members and Authors, and manages the transaction process, including payment collection and tax compliance. iBiz Avenue is not merely an intermediary between Buyers and Authors; instead, iBiz Avenue directly handles the sale and purchase of Products.
While Authors are responsible for creating and listing their Products, iBiz Avenue is responsible for managing the sale, ensuring the Products meet applicable requirements, and processing transactions. Therefore, iBiz Avenue cannot guarantee that a Product will meet the expectations of a Buyer, nor can it guarantee that a Product will not be returned or that the sale will not be canceled by the Buyer, as these matters are subject to the platform's return policies and each individual transaction.
iBiz Avenue and the Member are independent parties, each acting in its own name and for its own account. Unless otherwise stipulated in these Terms of Use, these Terms of Use do not create any relationship of subordination, agency, partnership, joint venture, employer/employee, or franchisor/franchisee between iBiz Avenue and each Member.
Except as required by mandatory law, each Member agrees to release iBiz Avenue (as well as iBiz Avenue's group companies, agents, directors, officers, employees, and agents of the group companies) from any liability arising from any claim, dispute, or litigation between Members, or from any present or future, presumed or unpresumed, known or unknown, reported or unreported damages resulting directly or indirectly from such claim, dispute, or litigation.
Without prejudice to the foregoing, iBiz Avenue reserves the right to participate in promoting the Products listed on MieuxEnseigner, notably through partnerships with other websites or publications in the media or by sending promotional emails in compliance with applicable legal provisions.
iBiz Avenue does not control the information provided by Members and made public on MieuxEnseigner. Information from other Members may be offensive, harmful, inaccurate, or misleading. The identity and quality of a Member may differ from what is presented on the Site. iBiz Avenue therefore recommends that each User exercise caution and common sense when using MieuxEnseigner.
By providing your email address, you consent to iBiz Avenue using your email address to send you notifications regarding our services, including any notifications required by law, in place of any postal communication regarding your internet viewing services. iBiz Avenue may also use your email address to send you other messages, such as newsletters, information about changes to the Site features, or special offers. The newsletters allow you to receive exclusive information about promotions, MieuxEnseigner news, tips and tricks, the best low-cost (or free) resources created by our Authors, and much more. If you wish to unsubscribe from the newsletters at any time, please follow the unsubscribe instructions at the bottom of each message. If you request to stop receiving the newsletters, you will still receive notifications containing information about your account, updates to the Sites, changes to terms, and orders you place on MieuxEnseigner.
10. Agreements and Obligations of Members
To access MieuxEnseigner, the Member must first register and create an account on one of the Sites. Registration is only allowed for legal entities and individuals over 18 years old who have the capacity to perform legal acts, provided that minors have obtained prior authorization from their legal representative. The registration of a legal entity must be carried out by an authorized individual who is appointed to represent the entity.
Anyone registering as a Member on any of the Sites agrees to provide accurate, complete, and up-to-date information, and any other data (including personal information) that may be required to complete and maintain the registration on MieuxEnseigner, including a valid email address and any additional information necessary to become a Buyer or Author. Each Member also agrees to update their account and promptly make any changes to their information. Each Member will be solely responsible for any consequences arising from providing false, invalid, or inaccurate information to iBiz Avenue or another Member.
Registration on a Site allows the Member to create a single account through which they can access all of MieuxEnseigner and all other Sites available through MieuxEnseigner, using the same email address and password, with each Site providing direct access to the other Sites.
The Member’s email address and password are strictly personal, and the Member agrees to maintain their confidentiality. The registered Member is the only one authorized to use MieuxEnseigner with their email address and password and agrees not to allow anyone else to access MieuxEnseigner under their identity or email address. The use of the Member’s email address, along with their password, presumes access and use of MieuxEnseigner by that Member. In the event that they become aware of third-party access to their account, the Member agrees to immediately inform iBiz Avenue by email at support[a]mieuxenseigner.com.
Each Member agrees to create and use only one account. Any deviation from this rule must be explicitly requested by the Member and expressly authorized by iBiz Avenue. Creating or using new accounts under one's own identity or that of a third party without prior approval from iBiz Avenue may result in the immediate suspension or closure of the Member's accounts and all associated services.
Each Member agrees to use the Site and provide Content on the Site in compliance with these Terms of Use and applicable legislative or regulatory provisions.
Each Member is solely responsible for their Content, with iBiz Avenue acting only as a passive technical intermediary for its online publication and not controlling the Content before it is posted. The Member is prohibited from providing any Content and, more generally, from engaging in any actions or conduct, on all or part of MieuxEnseigner:
(i) infringing on copyrights, patents, trademarks, designs and models, trade secrets, the right of disclosure, or the privacy of third parties;
(ii) defamatory, insulting, disparaging, or slanderous;
(iii) discriminatory or inciting violence or racial, religious, or ethnic hatred;
(iv) obscene or pedophilic;
(v) likely to be considered fraud, cheating, breach of trust, or any other criminal offense;
(vi) with the intent to obtain or attempt to obtain the transfer of money without providing a Product in return, in accordance with these Terms of Use, of equivalent value to the amounts requested;
(vii) likely to damage any computer system or secretly intercept personal data or information;
(viii) engaging or likely to engage the liability of iBiz Avenue or resulting in the loss of access to all or part of the services of iBiz Avenue’s providers, including internet service providers, payment providers, or storage providers;
(ix) likely to damage the image or reputation of iBiz Avenue or MieuxEnseigner or constitute acts of unfair or parasitic competition against iBiz Avenue, any other Member, or third parties;
(x) with the intent to divert or attempt to divert any or all Buyers from any of the Sites or to encourage any or all Buyers not to purchase or no longer purchase on any of the Sites or any author resources present on a Site or MieuxEnseigner;
(xi) potentially unfair, harmful, anti-competitive, or detrimental to iBiz Avenue, MieuxEnseigner, any Member, or any third party;
(x) inaccurate or misleading;
(xi) violating or likely to violate any applicable law or regulation or any contractual clause binding the Member.
Furthermore, the Member is prohibited (i) from including in their search keywords any terms that infringe upon the rights of a third party, including copyright, trademarks, trade names, or signs of a third party or another Member, or using all or part of another Member's pseudonym, (ii) from including in any Content any part of a URL, address, or other domain name pointing to an external site outside of MieuxEnseigner, or (iii) from circumventing, diverting, or obstructing (or attempting to circumvent, divert, or obstruct) in an unfair manner any paid service on MieuxEnseigner.
By submitting Content through the Site, the Member grants iBiz Avenue (but without any obligation for iBiz Avenue) a non-exclusive, non-transferable, sublicensable, and free worldwide license, for the duration of the Member’s registration, to use, reproduce, represent, publish, make available, communicate, modify, adapt, display, on the Site and other media (including any physical or digital media, in any press release, financial statement, presentation material, promotional or advertising material, website), by any means, all or part of the Content, without limitation in the number of copies, for internal, storage, advertising, promotion, marketing, communication, public relations purposes, and for the purposes of establishing partnerships or sponsorships with iBiz Avenue's partners. The Member acknowledges that any use of their Content by iBiz Avenue prior to their deregistration, the deletion, or closure of their account, or the termination of these Terms of Use may not be challenged by the Member.
By submitting Content through the Site, the Member also directly grants any User a non-exclusive, personal, non-transferable, non-sublicensable license, worldwide, and for the duration of the Member’s registration, to reproduce and represent the Content for non-commercial personal purposes.
The Member acknowledges that their Content may be viewed on the Site by any User who can access their profile and follow their activity. Deactivation options are available in the Member's account.
Each Member agrees to indemnify iBiz Avenue in the event of any third-party action against iBiz Avenue, provided that the cause, basis, or origin of this action is any Content provided by the Member on MieuxEnseigner. Each Member agrees to bear all consequences, including financial ones, that may result from such an action and to indemnify iBiz Avenue upon first request. iBiz Avenue reserves the right, without compensation, notice, or prior warning, to modify or remove any Content that violates any provision of these Terms of Use, and to suspend, close, or delete the Member's account.
In the event that a Member notices the offer of prohibited Products for sale on the Site, they agree to immediately inform iBiz Avenue by email at the following address: support[a]mieuxenseigner.com.
In the event that iBiz Avenue becomes aware of any act or behavior by a Member outside of MieuxEnseigner (i) with the intention of diverting or attempting to divert any or all Buyers from any of the Sites, or inciting any or all Buyers not to purchase or no longer purchase on any of the Sites or any author resources present on a Site or MieuxEnseigner, (ii) potentially unfair, harmful, anti-commercial, disparaging, defamatory, insulting, or harmful to iBiz Avenue, MieuxEnseigner, any Member, or any third party, or (iii) violating in any other way the applicable laws and regulations regarding iBiz Avenue, iBiz Avenue reserves the right to terminate these Terms of Use.
ACCOUNT DELETION
If a Member wishes to delete their account, they must submit a request by email to support[a]mieuxenseigner.com.
iBiz Avenue will delete the Member's account upon request, provided that all orders have been fulfilled, claims, exercise of the right of withdrawal, and refund requests have been managed, and that no other transactions are pending.
This deletion will automatically and by operation of law terminate these Terms of Use.
11. Agreements and Obligations of Authors
REVENUE, COMMISSIONS, AND PAYOUTS
Two types of memberships are available for Authors: (i) the Plus plan and (ii) the Premium plan. Authors registered under the Plus plan do not pay an annual fee. Authors registered under the Premium plan pay an annual fee. Authors on the Plus plan can upgrade their membership to the Premium plan at any time.
In exchange for the services provided by iBiz Avenue, Authors agree to pay iBiz Avenue commission fees on their products sold by MieuxEnseigner.
Authors registered under the Plus plan pay commission fees of 40% of the sale price of each product sold by MieuxEnseigner, plus a per-order fee of $0.30 or €0.30 per order.
Authors registered under the Premium plan pay commission fees of 20% of the sale price of each product sold by MieuxEnseigner. Authors on the Premium plan do not pay a per-order fee.
For each order, iBiz Avenue will automatically deduct all fees and commissions from the sale price charged on MieuxEnseigner, and will pay out the amounts owed to the Author on a monthly or quarterly basis. To receive your earnings, the balance owed to you must be at least $25 or €25 on the last day of the quarter. If this amount is not reached, no payout will be issued until the next month or quarter when this minimum is met. iBiz Avenue will pay out the earnings owed to the Author 21 days after the last day of the quarter in which a product is sold. iBiz Avenue reserves the right to delay the payout for any reason. Payouts will be made monthly or quarterly via PayPal for all Authors. iBiz Avenue reserves the right to add, remove, or modify the payment processors used by MieuxEnseigner. iBiz Avenue makes no representations regarding the services provided by our payment processors and is not responsible for payment delays caused by them. Payment fees will be charged on each monthly or quarterly payout. These fees will equal the charges incurred by iBiz Avenue for the services provided by its payment processors. These fees amount to 2% of the total quarterly distribution or $1.25 (for MieuxEnseigner Canada) or €16.00 (for MieuxEnseigner France and MieuxEnseigner Belgium), whichever is lower, and will be deducted directly from the monthly or quarterly payout or the Author’s balance.
Authors are solely responsible for ensuring that all account information, including their legal name, postal address, email address, and PayPal payment email, is accurate and kept current at all times. iBiz Avenue is not responsible for delayed, lost, or misdirected payments resulting from incorrect or outdated information provided by the Author. If a payout is marked as Completed by the payment processor to the account details provided by the Author, iBiz Avenue shall be deemed to have fulfilled its payment obligation in full and will not be liable for the recovery of funds or for issuing a replacement payment.
iBiz Avenue reserves the right, without compensation, to modify its policy regarding the sale of Products on MieuxEnseigner, the terms and fees of the Plus and Premium plans, and the order and commission fees charged by iBiz Avenue. In the case of a reduction in these fees and commissions, such changes will take effect as soon as they are posted on the Site. If the change is temporary (for example, during special promotional days), the duration of this change will also be communicated to Authors and posted on the Site. If the change results in an increase in these fees and commissions, iBiz Avenue will inform Authors, who will be required to accept these new changes. These changes will take effect at the end of the month following the month in which these changes were notified to Authors, unless the changes were subject to testing with Authors, in which case the changes will take effect immediately at the end of the testing period. If the Author does not accept the new financial terms, they are free to terminate the present Terms of Use, which will result in the termination and closure of their account.
If the Author is in violation of these Terms of Use, iBiz Avenue reserves the right, without compensation, to withhold any funds that would otherwise be owed to the Author, and either retain these funds permanently or refund the Buyers who purchased products from the Author.
Authors are responsible for setting the price of their products sold by MieuxEnseigner, provided that this price (for products not offered for free) is not lower than the minimum price set by iBiz Avenue. The minimum price is subject to change; the current minimum price will be disclosed whenever an Author adds a product.
OTHER OBLIGATIONS OF AUTHORS
To register as an Author, the Member must choose an author name (or pseudonym). The Member agrees not to register under an author name that infringes on the rights of a third party. In particular, the Member will not use an author name that infringes on copyrights, trademarks, business names, or trade names of a third party or another Author, nor an author name or pseudonym that is visually or phonetically similar to another Author’s name or pseudonym. Furthermore, the Author is prohibited from registering as an author any part of a URL, address, or other domain name pointing to an external site. iBiz Avenue reserves the right, especially in the case of a dispute between Authors, to request that the author who has violated this provision modify their author name within a timeframe communicated by iBiz Avenue. Failure to comply with this request will result in the termination of these Terms of Use by iBiz Avenue.
While authors are free to sell their products on other platforms, they are strictly prohibited from using MieuxEnseigner to solicit sales off-platform. Authors may not redirect MieuxEnseigner buyers to external websites, external marketplaces, or personal payment methods via product descriptions, author profiles, internal messaging, or within the content of any files (e.g., PDFs) hosted on the Sites. Violation of this policy may result in the suspension or termination of the author’s account and the removal of their products from MieuxEnseigner.
It is specifically noted that the Products sold on the Sites must be exclusively original creations produced by the Author. Each Author guarantees that they hold all the necessary rights to any Product offered for sale by MieuxEnseigner and guarantees iBiz Avenue against any claims regarding the content of a Product listing or the execution of the sale.
By uploading a Product on MieuxEnseigner, the Author represents and guarantees to potential Buyers that the Author has the right and ability to offer the Product for sale by MieuxEnseigner, and that the description is accurate, up-to-date, and complete, and is not misleading. The Author declares and guarantees that the product, and its use, will not infringe any rights, including but not limited to, copyright or trademark rights of a third party.
The Author who lists a Product on MieuxEnseigner must ensure that this Product is fully compliant with the laws, regulations, and other requirements in effect, from its production or manufacturing through to its purchase by the Buyer. Accordingly, the Author agrees to implement the necessary means to ensure this legal and regulatory compliance, particularly by establishing self-controls at all stages of marketing and providing proof of checks and controls carried out upon request by the competent authorities.
In the event that iBiz Avenue finds, following an alert from a Member or on its own initiative, that prohibited Products have been listed on a Site, iBiz Avenue reserves the right to:
(i) Remove the prohibited product or any product that violates these Terms of Use;
(ii) Block, suspend, close, or delete the Author’s account;
(iii) Provide the relevant authorities with all necessary information regarding any product listing or purchase of a prohibited product on a Site, including personal information of Members, if applicable, or cooperate with the relevant authorities upon their request.
Each Author agrees to:
(i) Provide complete and accurate characteristics and qualities for each product offered for sale on MieuxEnseigner, including availability and pricing, in compliance with applicable laws and regulations;
(ii) Conduct all necessary checks and verifications for the manufacturing and marketing of the product and provide all necessary information in the product listing to ensure the listing is truthful and that the Buyer is not misled. The Author is solely responsible for providing all elements of the product listing, including descriptions, and photos;
(iii) List the product in the appropriate category on MieuxEnseigner, with the Author being solely responsible for selecting the correct category. This listing should not be interpreted as a guarantee by iBiz Avenue regarding the origin, legal compliance, or authenticity of the product;
(iv) Comply with the quality of service requirements imposed by iBiz Avenue on MieuxEnseigner.
An Author is prohibited from creating multiple accounts to share or distribute the same product. Additionally, the Author is not permitted to create duplicate listings or to repeatedly delete and re-list the same product.
Each Author is solely responsible for any product they list on MieuxEnseigner, including the manufacturing, marketing, and sale by MieuxEnseigner of these products. The Author is solely responsible (including to a Buyer, but also to iBiz Avenue) for any damage caused by their products or generally for any consequences arising from the offering and sale of their products. The Author agrees to indemnify iBiz Avenue in the case of complaints, actions, or claims from third parties against iBiz Avenue related to a product’s non-compliance and to hold iBiz Avenue harmless from all consequences related to their products' non-compliance with applicable laws and regulations. The Author agrees to bear the costs directly, including any fines, legal fees, attorney’s fees, and other amounts owed, or to reimburse iBiz Avenue upon request.
In general, MieuxEnseigner only discloses Buyer's name to Author. The Author agrees to keep Buyer's name confidential and not disclose it. The Author further agrees to use the Buyer’s name and other contact details and other data, if disclosed, only for the strict purpose of fulfilling the order, product support, and for any related legal obligations, in compliance with these Terms of Use. In particular, the Author agrees not to offer the Buyer any products outside of MieuxEnseigner and not to use the Buyer’s personal data for purposes other than fulfilling the order placed on the Site.
An Author whose behavior (on or off MieuxEnseigner) could harm the image or reputation of iBiz Avenue or MieuxEnseigner may face sanctions in accordance with these Terms of Use, including in the case of repeated negative reviews or ongoing disputes with one or more Buyers.
In the event of a dispute between Authors over content published by one of them (for example, in the case of alleged copyright infringement or unfair competition by one of the Authors), it is the responsibility of the Authors to contact each other and resolve the dispute amongst themselves. iBiz Avenue is not required to intervene and will not become involved in the resolution of the dispute. iBiz Avenue reserves the right to disregard any claim submitted by an Author in such a case, without incurring any liability in this regard.
12. Agreements and Obligations of Buyers
The Buyer may only create one account on MieuxEnseigner. Opening an account by the Buyer on a Site allows access to all of MieuxEnseigner’s Sites and the ability to purchase Products on any of the Sites through the same account.
After selecting their Product(s), the Buyer must verify the details of the order, the price, and their information, as necessary, depending on the payment method chosen, and correct any errors before confirming the order to express acceptance.
Once the Buyer has placed an order for Products on MieuxEnseigner, the Buyer agrees that their name may be communicated to the Author.
A Buyer who purchases a product has the ability to download documents from their account as long as the documents are available through MieuxEnseigner. iBiz Avenue may, at its sole discretion, make purchased products available indefinitely, but access to these products via the Buyer’s account may be disabled if the product is removed from MieuxEnseigner, for example, by the Author following account closure or removal of the products in response to intellectual property complaints. For this reason, iBiz Avenue recommends that Buyers download all purchased products and save them. iBiz Avenue cannot restore purchased products that have been removed from MieuxEnseigner or provide copies of them.
The Buyer agrees not to share their purchases with colleagues unless the Buyer has purchased additional licenses. The Buyer agrees not to display purchased or free products on the internet.
All sales are final, and no refunds are possible. iBiz Avenue may, at its sole discretion, make certain exceptions to this policy on a case-by-case basis, for example, if: (a) a digital file is defective; (b) a product description is misleading or false. If such an exception is made, iBiz Avenue may provide a refund to the Buyer for this purchase in a manner that iBiz Avenue deems appropriate, including, without limitation, in the form of a credit on MieuxEnseigner.
If the Buyer does not receive the ordered Product(s), they must submit a claim to iBiz Avenue. If, within seven (7) days from the date of the order, no confirmation or claim has been received by iBiz Avenue, the transaction will be considered complete.
It is the Buyer’s responsibility to determine that they have the appropriate computer and software to use digital files, that the file format is appropriate for their needs, and that the purchased product is legal and not counterfeit. No refunds will be provided in these cases. Products removed from MieuxEnseigner due to a copyright or trademark infringement complaint, or for any other reason, are not eligible for a refund.
The Buyer may evaluate the Author. Any evaluation by the Buyer of a specific Product mentioned in the review also implies that the transaction is completed.
DELIVERY TERMS
Delivery is made only after payment confirmation by iBiz Avenue’s payment processors. Products ordered on MieuxEnseigner are delivered exclusively by electronic download through the Buyer’s account.
13. Miscellaneous
This agreement and any operational rules of MieuxEnseigner constitute the entire agreement between the parties concerning the subject matter hereof, and replace any prior written or verbal agreements between the parties regarding the same subject. This agreement is governed by the laws of the province of Quebec, Canada, without regard to any conflict of law provisions. No waiver by either party shall be presumed to be a waiver of any prior or subsequent violation or failure. Headings are used herein for convenience only and shall not be given any legal interpretation.
