Article 1 - Definitions
We'll designate afterwards:
- Site' or 'service': the site http://www.apolearn.com and all its pages.
- Products': all the (intangible) services that can be purchased or subscribed to on the site.
- 'Publisher': The person, legal entity or individual, responsible for the edition and content of the site.
- User': The Internet user using the site or one of its Products.
And 'Customer' the Internet user making a purchase of service on the site.
Article 2 - Terms imposed by the law of confidence in the digital economy and purpose of the site
This site is published by Apolearn SAS.
The legal information concerning the host and the publisher of the site, in particular the contact details and any capital and registration information, is provided in the legal notices of this site.
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 determined as an "e-learning platform".
The site is freely accessible to all Internet users. The acquisition of a good or a service, or the creation of a member space, or more generally the navigation on the site supposes the acceptance, by the Net surfer, of the entirety of the present general conditions, who recognizes by the same fact to have taken full knowledge of it. This acceptance will consist, for the Internet user, in ticking the box corresponding to the sentence of acceptance of these general conditions, having for example the mention "I acknowledge having read and accepted all the general conditions of the site. ». The fact of ticking this box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user acknowledges the value of proof of the automatic recording systems of the publisher of the present site and, unless he or she provides proof to the contrary, he or she waives the right to contest them in the event of a dispute.
Acceptance of these general conditions implies that users have the legal capacity to do so. If the user is a minor or does not have this legal capacity, he/she declares that he/she has the authorisation of a tutor, curator or legal representative.
Article 3 - Characteristics of the services offered
The services and products offered are those listed in the catalogue published on the site. Each product or service is accompanied by a description drawn up by the site publisher. The photographs of the products in the catalogue reflect a faithful image of the products and services offered but are not contractual insofar as they cannot ensure a perfect similarity or that the Service may undergo changes.
The helpdesk of the present site is accessible by e-mail at the following address: [email protected] or by post at the address indicated in the legal notices, in which case the publisher undertakes to provide a response within 7 days.
Article 4 - Tariffs
The prices in the catalogue are prices in Euros excluding taxes (HT).
Apolearn reserves the right to pass on any changes in the VAT rate to the price of products or services. The Publisher also reserves the right to change its prices at any time. However, the price shown in the catalogue on the day the order is placed will be the only price applicable to the buyer.
Article 5 - Member or user area
The registered user (member) has the possibility to access the site by logging in with his identifiers (e-mail address defined during registration and password) and using systems such as third party social network login buttons. The user is entirely responsible for the protection of the password he or she has chosen. The user is encouraged to use strong passwords. In case of forgotten password, the member has the possibility to generate a new one. This password is the guarantee of the confidentiality of the information contained in his "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 unauthorised access to a user's account.
The creation of a personal space is a prerequisite for any subscription or contribution of the member on this 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 allows the member to consult the Products subscribed to on the site and the subscriptions of which he is the holder. If the data contained in the member account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the site and its publisher could not be engaged, this information having no probative value but only an informative character. The pages relating to the member accounts are freely printable by the holder of the account in question but do not constitute a proof, they have only an informative character intended to ensure an effective management of the subscriptions and the possible contributions of the member.
The publisher reserves the exclusive right to delete the account of any member who would have contravened the present terms and conditions (in particular, but without this example being exhaustive, when the member has knowingly provided erroneous information during his registration and/or the creation of his personal space) or any account that has been inactive for at least one year. This exclusion is not exclusive of the possibility for the Publisher to take legal action against the member when the facts justify it.
Article 6 - Exemption of the publisher's liability in the execution of this contract
In the event of impossibility of access to the site, due to technical problems or of any kind, the User may not claim any damages and may not claim any compensation. The unavailability of one or more products, even prolonged and without any limitation, cannot constitute a prejudice for the Internet users and cannot in any way give rise to the granting of damages on the part of the site or its publisher. The photographs and visuals of the products presented on the site have no contractual character, the responsibility of the publisher of the present site cannot be engaged 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 websites and the responsibility of the publisher of the present site cannot be engaged if the content of these sites contravenes the legislation in force. Likewise, the publisher of this site cannot be held liable if the visit of one of these sites by the Internet user causes him/her any damage.
Article 7 - Intellectual property rights relating to the elements published on this site
All elements of this site belong to the publisher or to a third party agent, or are used by the publisher on the site with the authorization of their owner. Any copy of the logos, textual, pictorial or video content, without this list being restrictive, is strictly forbidden and is tantamount to counterfeiting. Any member who would be guilty of counterfeiting would be likely to see his account deleted without notice or compensation and without this deletion can not constitute a damage, without prejudice to possible subsequent legal action against him, at the initiative of the publisher of this site or his agent.
Article 8 - Contribution of Internet users to the content of the site
Internet users are given the opportunity to contribute to the content of this site, for example by posting comments.
Contributors are informed that the site publisher, represented where appropriate 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 publisher cites the pseudonym of the author of the contribution. The contributor therefore renounces his rights to the content of the contributions, in favour of the site editor, for any distribution or use, even commercial, on the Internet, this, of course, always respecting the authorship of the author of the contribution.
Article 9 - Trademarks
Article 10 - Limitation of liability
The publisher of the site, in particular in the process of online sales, is only bound by an obligation of means; its liability cannot be engaged for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the Service or others.
Apolearn will not be liable for non-performance of the concluded contract due to the occurrence of an event of force majeure, in particular in the event of total or partial strike of external services or disasters caused by floods or fires. Concerning the products purchased, the publisher shall not be held liable for any indirect damage as a result of the present, operating loss, loss of profit, damage or expenses, which may occur. The choice and subscription to a Product are placed under the sole responsibility of the user.
The user expressly admits using the site at his own risk and under his exclusive responsibility. The site provides the user with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. In any case, the publisher cannot be held responsible in any way:
- for any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, loss of data that may result from the use of the site, or on the contrary from the impossibility of its use;
- a malfunction, unavailability of access, misuse, misconfiguration of the user's computer, or the use of a browser little used by the user;
- the content of advertisements and other links or external sources accessible by the user from the site
Article 11 - Access to the site
Article 12 - Account closure
Each member of the site is free to close their account. To do this, the member must send an e-mail to the site indicating that he wishes to delete his account.
The recovery of its data by the member is possible under the conditions specified in the section of these general terms and conditions concerning data recovery.
Article 13 - Applicable law and mediation
The present general conditions are subject to the application of French law. They may be modified at any time by the site publisher or his representative. The general terms and conditions applicable to the user are those in force on the day of his subscription to a service on this site. The site publisher undertakes to keep the old versions of these general conditions in the event of changes and to send them to any User who requests them.
Except for public order provisions, any disputes that may arise within the framework of the execution of these general conditions may, before any legal action, be submitted to the site publisher's assessment with a view to an amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits open for taking legal action. Unless otherwise provided, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts of the jurisdiction of the Court of Appeal seized.
A "Cookie" allows 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 is likely to use "Cookies" mainly to 1) obtain browsing statistics in order to improve the User's experience, and 2) allow access to a member account and to content that is not accessible without connection.
The User acknowledges being informed of this practice and authorises the site publisher to use it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in case of legal requisition. The User may refuse the registration of "Cookies" or configure his browser to be warned before accepting "Cookies". To do so, the User will proceed to the configuration of his 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 - Terms and conditions of subscription to the service and description of the purchase process
As soon as the Internet user considers that he has selected and added to his basket all the products he wishes to purchase, he will have the possibility, in order to validate his order, to access a summary page on which he will be informed of the characteristics (in particular the volume and possible options) of the products ordered, as well as their unit price, or the price of the subscription according to the nature of the pricing of the service. If he wishes to validate his order, the user will have to tick the box relating to the ratification of the present general terms and conditions of sale and click on the validation button. The user will then be led to fill in the fields of an order form by filling in a certain number of personal data concerning him/her, which are necessary for the proper processing of the order.
Once the user has validated this order form, he will be redirected to the online payment interface where he will be able to make his payment with the means of payment specified in the dedicated section of these general terms and conditions, or will have access to the order form necessary to send a cheque, if applicable.
After a few moments, the user will receive an e-mail confirming the order, reminding him/her of the contents of the order and its price.
Article 16 - Payment information
The Internet user can place an order on this site and can pay by credit card. Credit card payments are made by means of secure transactions provided by an online payment platform provider.
Payment is made directly to the bank or payment service provider receiving payment from the Customer. In the case of payment by cheque or bank transfer, the periods of availability defined in the article below only begin to run from the date of actual receipt of payment by the seller, the latter being able to provide proof of this by any means.
Article 17 - Availability
Apolearn will not be liable for any claims not made in accordance with the rules set out in the relevant section of these General Terms and Conditions and within the time limits set out therein and Apolearn will not be liable to Buyer for any claims not made within the time limits set out therein. Upon receipt of a valid claim, Apolearn will notify the buyer by email, fax or telephone of the terms and conditions for refund or change of order.
Article 18 - Termination
In accordance with Article L.221-28 of the French Consumer Code, Apolearn providing access to an online tool, with initial and/or regular billing according to the terms and conditions specified in the section specifying the conditions of access to the software of the present General Terms and Conditions, the site is eligible for withdrawal, but this withdrawal cannot lead to a refund of the amount already paid for the period already elapsed. It will therefore be a termination, with cancellation of the contract and therefore of future payments. And the acceptance of the present conditions entails the acceptance of the loss, therefore, of the legal right of withdrawal established in the above-mentioned article.
In the event of failure by one of the parties (Customer or Site Publisher) to comply with its contractual obligations, the contract may be terminated automatically by the other party after sending a letter of formal notice sent by registered mail with acknowledgement of receipt that has remained without effect. The formal notice will indicate the defect(s) observed.
In the event of termination, the Site will inform the Customer of the impending termination of his subscription and the Customer will cease to use any access codes to the solutions and application services.
The total or partial impossibility to use the Service, in particular due to incompatibility of the material, may not give rise to any compensation, reimbursement or liability on the part of the publisher, except in the case of a proven latent 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) to manifest himself. Beyond this period no claim will be accepted.
Article 19 - Archiving
Article 20 - Conditions of access to the solution
This site provides the User with a solution on its server, accessible via the Internet network.
The various solution programs offered and the corresponding subscription conditions are presented on the offer pages of the site.
Depending on the offer chosen, the site will communicate to the user the duration of validity of his subscription. The site performs the backup and security of data. The site grants the user a personal, non-exclusive, non-transferable and non-transferable right to use the solutions, for the entire duration of the contract and for the entire world. The user may only use the application services and solutions in accordance with his needs and their documentation. In particular, the licence relating to the solutions is granted for the sole and unique purpose of allowing the user to use the services, to the exclusion of any other purpose.
The right of use means the right to represent and implement the application services in accordance with their purpose, in SaaS ("Software as a Service") mode via a connection to an electronic communications network. The user may not under any circumstances make the solutions available to a third party, and is strictly prohibited from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive.
If the site sets up 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 offer or price pages of the site. The site specifies on these pages whether billing is by the day, month, year, or fixed according to a level of resource use, or any other access channel, specified on this page.
The method of invoicing is likewise specified on the offer or tariff pages of the site, or failing that, in the section concerning the conditions of access to the solution of these general conditions.
In the case of direct debit, the site will specify to the customer in the payment interface the date of the debit, and its amount, as well as the frequency, which may depend on each customer.
Article 22 - Retrieval of data
In the event of termination of the contractual relationship, whatever the cause, the site publisher undertakes to destroy or restore, at the Customer's option, at the Customer's first request made by registered letter with acknowledgement of receipt, all data belonging to it in a standard format that can be read without difficulty in an equivalent environment; possibly the precise format of the data may be specified during exchanges between the site and the Customer. The customer will actively collaborate with the site in order to facilitate data recovery.
The site will ensure that the customer can continue to use the data, without interruption, directly or with the assistance of another service provider.
Article 23 - Framework of conditions
If any provision of these terms and conditions is deemed unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the terms and conditions and shall not affect the validity and enforceability of the 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 himself.
A printed version of the General Terms and Conditions and any notices given in electronic form may be requested in judicial 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 - Notifications
Article 25 - Inaccuracies
It may be possible that inaccuracies or errors, or information that is at variance with the general terms and conditions, the legal notices or the personal data charter may be found throughout the website and the services offered, and to a limited extent. In addition, it is possible that unauthorized modifications may be made by third parties on the site or on related services (social networks, etc.). We make every effort to ensure that such discrepancies are corrected.
In the event that such a situation should occur, please contact us by post or by e-mail at the addresses indicated in the site's legal notice with, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For requests relating to copyright, please refer to the section on intellectual property.
Article 26 - Claims
All rights reserved - September 19, 2016