General Terms of Service
Article 1 - Definitions
In the following, we will refer to :
- Site' or 'service': the http://www.apolearn.com site and all its pages.
- Products': all (intangible) services that can be purchased or subscribed to on the site.
- Publisher': The individual or legal entity responsible for the publication and content of the site.
- User': The Internet user using the site or one of its Products. And 'Customer' the Internet user purchasing a service on the site.
Article 2 - Information required by the French law on confidence in the digital economy and purpose of the site.
This site is published by Apolearn SAS.
Legal information concerning the site's host and publisher, including contact details and any capital and registration details, is provided in this site's legal notice. Information concerning the collection and processing of personal data (policy and declaration) is provided in the site's personal data charter.
The purpose of this site is defined as an "e-learning platform".
The site is freely accessible to all Internet users. The purchase of a good or service, or the creation of a member space, or more generally browsing the site, implies acceptance by the Internet user of these terms and conditions in their entirety, who thereby acknowledges having fully understood them. This acceptance will consist, for the Internet user, in checking the box corresponding to the sentence of acceptance of the present general conditions, having for example the mention "I recognize to have read and accepted the whole of the general conditions of the site". Ticking this box will be deemed to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the value of the automatic recording systems of the editor of the present site as proof and, unless he/she can provide proof to the contrary, waives the right to contest them in the event of a dispute.
Acceptance of these terms and conditions implies that users have the legal capacity to do so. If the user is a minor or does not have such legal capacity, he/she declares that he/she has the authorization of a tutor, curator or legal representative.
Article 3 - Characteristics of the services offered
The services and products offered are those listed in the catalog published on the site. Each product or service is accompanied by a description drawn up by the site editor. The photographs of the products in the catalog reflect a faithful image of the products and services offered, but are not contractual insofar as they cannot ensure perfect similarity, or insofar as the Service may undergo changes. The assistance service of the present site is accessible by e-mail at the following address: firstname.lastname@example.org or by post at the address indicated in the legal notices, in which case the editor undertakes to provide a reply within 7 days.
Article 4 - Pricing
The prices shown in the catalog are in Euros, exclusive of tax (HT).
Apolearn reserves the right to pass on any change in the VAT rate to the price of products or services. The publisher also reserves the right to modify its prices at any time. Nevertheless, the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.
Article 5 - Member or user area
Users who have registered with the site (members) can access it by logging in using their login details (e-mail address defined at registration and password) and by using systems such as third-party social networking login buttons. Users are entirely responsible for protecting their chosen password. Users are encouraged to use complex passwords. If you forget your password, you can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section, and the user is therefore prohibited from transmitting or communicating it to a third party. Failing this, the site editor cannot be held responsible for unauthorized access to a user's account.
The creation of a personal space is a prerequisite for any subscription or contribution by the member on the present site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information. The purpose of data collection is to create a "member account". This account enables the member to consult the Products subscribed to on the site and the subscriptions held. Should the data contained in the member account section be lost as a result of a technical failure or force majeure, the site and its publisher cannot be held liable, as this information has no evidential value and is for information purposes only. Member account pages may be printed out by the account holder in question, but do not constitute proof of any kind. They are for information purposes only, to ensure efficient management of subscriptions and any contributions made by the member.
The editor reserves the exclusive right to delete the account of any member who has contravened the present terms and conditions (in particular, but without this example being exhaustive, where the member has knowingly provided incorrect information when registering and/or setting up his/her personal space) or any account which has been inactive for at least one year. Such deletion shall not constitute a loss for the excluded member, who shall not be entitled to claim any compensation as a result. Such exclusion does not preclude the Editor from taking legal action against the member, where justified by the facts.
Article 6 - Waiver of the publisher's liability in connection with the performance of this contract.
In the event of impossibility of access to the site, due to technical problems or problems of any kind, the User shall not be entitled to claim any damages or compensation. The unavailability of one or more products, even for a prolonged period and without any time limit, cannot constitute a prejudice for Internet users and cannot in any way give rise to the awarding of damages by the site or its publisher. The photographs and visuals of the products presented on the site are not contractual in nature, and the publisher of the present site cannot be held responsible if the characteristics of the objects differ from the visuals present on the site, or if the latter are erroneous or incomplete.
The hypertext links present on the present site may refer to other Internet sites, and the publisher of the present site cannot be held responsible if the content of these sites contravenes current legislation. Likewise, the publisher of the present site cannot be held liable if the user's visit to one of these sites causes prejudice.
Article 7 - Intellectual property rights relating to elements published on this site
All elements of the present site belong to the editor or to a third party, or are used by the editor on the site with the authorization of their owner. Any copy of logos, textual, pictographic or video content, without this list being limitative, is strictly forbidden and is considered as counterfeiting. Any member found guilty of counterfeiting is liable to have his or her account deleted without notice or compensation, and without this deletion constituting damages, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the publisher of the present site or his or her agent.
Article 8 - Internet users' contribution to the site's content
Internet users may contribute to the content of this site, for example by posting comments. Contributors are informed that the site editor, represented where applicable by the moderators, may choose to publish the contribution of the comment in question on the newsletters of this site and on the sites of all its partners, on condition that the editor cites the pseudonym of the author of the contribution. The contributor hereby waives his or her rights to the content of the contributions, in favor of the site editor, for any distribution or use, including commercial use, on the Internet, always respecting the authorship of the contribution.
Article 9 - Trademarks
The trademarks and logos contained in the site are registered by Apolearn, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and reruns incurs the sanctions envisaged in articles L.713-2 and following of the Code of the intellectual property.
Article 10 - Limitation of liability
The site editor, in particular in the online sales process, is only bound by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, break in service or other.
Apolearn shall not be held liable for non-performance of the contract due to the occurrence of an event of force majeure, and in particular in the event of a total or partial strike of external services or disasters caused by floods or fires. With regard to the products purchased, the publisher shall not be held liable for any indirect damage, operating loss, loss of profit, damage or expenses that may arise as a result of the present contract. The choice and subscription to a Product are the sole responsibility of the user.
The user expressly agrees to use the site at his or her own risk and under his or her sole responsibility. The site provides the user with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist. In any event, the publisher cannot be held responsible for any errors, omissions or inaccuracies:
- for any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of clientele, loss of data, etc., which may result from the use of the site or, on the contrary, from the impossibility of using it;
- malfunction, unavailability of access, misuse or incorrect configuration of the user's computer, or the use of a browser not frequently used by the user;
- the content of advertisements and other links or external sources accessible by the user from the site
Article 11 - Site access
The site editor cannot be held responsible for technical unavailability of the connection, whether due to force majeure, maintenance, updating or modification of the site, intervention by the host, an internal or external strike, a network failure, a power cut, or incorrect configuration or use of the user's computer.
Article 12 - Account closure
Each member of the site is free to close his or her account. To do so, the member must send an e-mail to the site indicating that he/she wishes to delete his/her account. Members may recover their data under the conditions specified in the section of these general terms and conditions concerning data recovery.
Article 13 - Applicable law and mediation
These terms and conditions are governed by French law. They may be modified at any time by the site editor or his representative. The general terms and conditions applicable to the user are those in force on the day of his/her subscription to a service on the present site. The site editor undertakes to keep the previous versions of the present general terms and conditions in the event of changes, and to send them to any User who requests them. Except in the case of public order provisions, any disputes arising in connection with the execution of the present terms and conditions may, prior to any legal action, be submitted to the site editor for amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise stipulated by public policy, any legal action relating to the performance of the present contract shall be subject to the jurisdiction of the courts of the jurisdiction of the Court of Appeal to which the matter is referred.
A "Cookie" enables the identification of the user of a site, the personalization of his consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on his computer. The site may use "cookies" mainly to 1) obtain browsing statistics in order to improve the User's experience, and 2) enable access to a member's account and to content that cannot be accessed without logging in. The User acknowledges that he/she is aware of this practice and authorizes the site editor to use it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the event of legal requisition. The User may refuse to accept cookies, or configure his/her browser to warn him/her before accepting cookies. To do this, the User must configure his or her browser:
- For Internet Explorer: http: //windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Safari: https://support.apple.com/fr-fr/ht1677 - For Google Chrome: https: //support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
- For Firefox: https: //support.mozilla.org/fr/kb/activer-desactiver-cookies
- For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article 15 - How to subscribe to the service and description of the purchasing process
A "Shopping Cart" is defined below as the immaterial object (e.g. a page or part of a page on the site) containing all the Products selected by the user for purchase or subscription.
Once the Internet user considers that he has selected and added to his basket all the products he wishes to purchase, he will be able to validate his order by accessing a summary page on which he will be informed of the characteristics (in particular the volume and any options) of the products ordered, as well as their unit price, or the subscription price depending on the nature of the service pricing.
If the user wishes to validate his/her order, he/she must tick the box indicating acceptance of the present general terms and conditions of sale and click on the validation button. The user will then be asked to fill in the fields of an order form, providing a certain amount of personal data necessary to process the order.
Once the user has validated this order form, he/she will be redirected to the online payment interface, where he/she can make payment using the payment methods specified in the dedicated section of these terms and conditions, or access the order form required to send a cheque, if applicable.
After a few moments, the user will receive an e-mail confirming the order, reminding him of the contents of the order and its price.
Article 16 - Payment information
Internet users can place orders on this site and pay by credit card. Credit card payments are made via secure transactions provided by an online payment platform provider. Payment is made directly to the bank or payment service provider receiving the customer's payment. In the case of payment by cheque or bank transfer, the delivery times defined in the article below only begin to run from the date of actual receipt of payment by the seller, who may provide proof of this by any means.
Article 17 - Availability
The provision of the service (otherwise known as its delivery) is immediate, or requires a short lead time. However, this period may not exceed 7 days.any claim not made in accordance with the rules defined in the dedicated section of these terms and conditions and within the allotted time limits may not be taken into account and will release Apolearn from any liability to the buyer. Upon receipt of a valid claim, Apolearn will inform the purchaser by email, fax or telephone of the procedures for reimbursement or modification of the order.
Article 18 - Termination
In compliance with article L.221-28 of the French Consumer Code, Apolearn provides access to an online tool, with initial and/or regular invoicing according to the terms specified in the section of these terms and conditions specifying the conditions of access to the software. The site is eligible for withdrawal, but this cannot lead to the reimbursement of the sum already paid for the period already elapsed. In this case, the contract will be cancelled and all future payments will be forfeited. Acceptance of the present conditions implies acceptance of the loss of the legal right of withdrawal established in the aforementioned article. In the event of a breach by one of the parties (Customer or Site Publisher) of its contractual obligations, the contract may be terminated by operation of law by the other party after sending a letter of formal notice by registered mail with acknowledgement of receipt to no avail. The formal notice will indicate the default or defaults observed. In the event of termination, the Site will inform the Customer of the forthcoming termination of his subscription, and the Customer will cease to use all access codes to the solutions and application services. The total or partial impossibility of using the Service, notably due to hardware incompatibility, may not give rise to any compensation, reimbursement or liability on the part of the publisher, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal. In the event of non-availability of an order or part of an order, the customer has a maximum of six months (from the date of access to the online service) in which to make a complaint. After this period, no claim will be accepted.
Article 19 - Archiving
Apolearn will archive order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of article 1348 of the French Civil Code. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 20 - Conditions of access to the solution
The present site provides the User with a solution on its server, accessible via the Internet. The various solution programs offered and the corresponding subscription conditions are presented on the site's offer pages. Depending on the offer chosen, the site will inform the User of the duration of validity of his subscription. The site backs up and secures data. The site grants the user a personal, non-exclusive, non-assignable and non-transferable right to use the solutions, for the duration of the contract and for the whole world. The user may only use the application services and solutions in accordance with his or her needs and the documentation. In particular, the license for the solutions is granted for the sole and exclusive purpose of enabling the user to use the services, to the exclusion of any other purpose. The right of use refers to the right to represent and implement the application services in accordance with their intended purpose, in SaaS mode (Software as a Service) via a connection to an electronic communications network. The user may under no circumstances make the solutions available to a third party, and is strictly forbidden from any other use, in particular but not limited to any adaptation, modification, translation, arrangement, distribution or decompilation. If the site establishes a minimum subscription commitment for some of its offers, this will be clearly and distinctly stipulated on the offer page and during the subscription process.
Article 21 - Payment
The various solution programs offered and their corresponding subscription prices are presented on the site's offers or rates pages. On these pages, the site specifies whether billing is by the day, month or year, or is set according to a level of resource use, or any other means of access, specified on the said page. The billing method is also specified on the site's offers or rates pages, or otherwise in the section of these general terms and conditions concerning the conditions of access to the solution. In the case of direct debit, the site will specify to the customer in the payment interface the date of debit and its amount, as well as the frequency, which may depend on each customer.
Article 22 - Data return
In the event of termination of the contractual relationship, for whatever reason, the site editor undertakes to destroy or return, at the customer's option, at the customer's first request by registered letter with acknowledgement of receipt, all data belonging to the customer in a standard format that can be read without difficulty in an equivalent environment; the precise format of the data may be specified during exchanges between the site and the customer. The customer will cooperate actively with the site to facilitate data recovery. The site will ensure that the customer can continue to use the data without interruption, either directly or with the assistance of another service provider.
Article 23 - Terms and conditions
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. These terms and conditions describe the entire agreement between the user and the website. They supersede all prior or contemporaneous written or oral agreements. The terms and conditions are not assignable, transferable or sub-licensable by the user. A printed version of the general terms and conditions and of all notices given in electronic form may be requested in legal or administrative proceedings relating to the general terms and conditions. The parties agree that all correspondence relating to these terms and conditions shall be in the French language.
Article 24 - Notification
Any notification or notice concerning these general terms and conditions, the legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by Post or any other nationally recognized courier service that allows you to track your packages regularly, or by e-mail to the addresses indicated in the site's legal notices, specifying your full name, contact details and the subject of the notice.
Article 25 - Inaccuracies
It is possible that, to a limited extent, inaccuracies or errors may be found throughout the website and the services offered, or that information may be inconsistent with the general terms and conditions, the legal notice or the personal data charter. It is also possible that unauthorized modifications may be made by third parties to the site or to related services (social networks, etc.). We do our utmost to ensure that such deviations are corrected. In the event that such a situation should escape us, please contact us by post or e-mail at the addresses indicated in the site's legal notice, providing, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For requests concerning copyright, please refer to the section on intellectual property.
Article 26 - Complaints
Any claim related to the use of the site, its services or any other linked service, the site's pages on any social networks or the general terms and conditions, legal notice or personal data charter must be filed within 365 days of the day on which the problem giving rise to the claim arose, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will forever be inapplicable in court.
All rights reserved - July 3, 2023