Article 1 – Definitions
The following terms are defined as follows:
– “Site” or “Service”: the website http://www.apolearn.com and all of its pages.
– “Products”: all the (intangible) services that can be purchased or subscribed to on the Site.
– “Publisher”: the legal or natural person responsible for publishing the Site and its content.
– “User”: the internet user using the Site or one of its Products. “Customer”: the internet user purchasing a service on the Site.
Article 2 – Information required by the French Law on Confidence in the Digital Economy (LCEN) and purpose of the Site
This Site is published by Apolearn SAS.
Legal information about the host and the Publisher of the Site, including contact details and, where applicable, share capital and registration details, is provided in the legal notice of this Site. Information about the collection and processing of personal data (policy and declaration) is provided in the Site’s personal data protection charter.
The purpose of this Site is defined as an “online learning platform.”
The Site is freely accessible to all internet users at no cost. Purchasing a product or service, creating a member account, or more generally browsing the Site implies that the internet user accepts these general terms and conditions in their entirety and thereby acknowledges having fully read them. The internet user accepts them by checking the box next to the acceptance statement for these general terms and conditions, such as “I acknowledge that I have read and accept all of the Site’s general terms and conditions.” Checking this box is deemed to have the same value as a handwritten signature by the internet user. The internet user acknowledges the evidential value of the Publisher’s automatic recording systems and, unless they provide evidence to the contrary, waives the right to contest them in the event of a dispute.
Acceptance of these general terms and conditions requires Users to have the necessary legal capacity. If the User is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, a curator, or their 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 comes with a description written by the Publisher. Photographs of catalog products give a faithful image of the products and services offered but are not contractually binding, as they cannot guarantee a perfect likeness and the Service may evolve. This Site’s support service can be reached by email at support@apolearn.com or by mail at the address given in the legal notice, in which case the Publisher undertakes to reply within 7 days.
Article 4 – Prices
Prices listed in the catalog are in euros, excluding taxes.
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 change its prices at any time. However, the price listed in the catalog on the day of the order is the only price applicable to the buyer.
Article 5 – Member or user account
Users registered on the Site (members) can access it by logging in with their credentials (the email address provided at registration and a password) and through systems such as third-party social network login buttons. Users are solely responsible for protecting the password they choose and are encouraged to use strong passwords. If they forget their password, members can generate a new one. This password guarantees the confidentiality of the information in their “my account” section, and Users therefore agree not to pass it on or disclose it to any third party. Otherwise, the Publisher cannot be held liable for unauthorized access to a User’s account.
Creating a personal account is a prerequisite for any subscription or contribution by a member on this Site. For this purpose, the member will be asked to provide certain personal information and undertakes to provide accurate information. The data is collected in order to create a “member account.” This account allows the member to view the Products subscribed to on the Site and the subscriptions they hold. If the data in the member account section were lost following a technical failure or an event of force majeure, the Site and its Publisher could not be held liable, as this information has no evidential value and is provided for information only. The account holder may freely print the member account pages, but these pages do not constitute proof in any way; they are for information only and are intended to ensure the efficient management of the member’s subscriptions and any contributions.
The Publisher reserves the exclusive right to delete the account of any member who has breached these general terms and conditions (in particular, without this example being exhaustive, when the member has knowingly provided false information at registration and/or when setting up their personal account), as well as any account that has been inactive for at least one year. Such deletion cannot be considered as damage to the excluded member, who will not be entitled to any compensation as a result. This exclusion does not prevent the Publisher from taking legal action against the member when the facts justify it.
Article 6 – Exemption from the Publisher’s liability in the performance of this contract
If the Site cannot be accessed due to technical or other problems, the User cannot claim any damage or compensation. The unavailability of one or more products, even if prolonged and with no time limit, cannot constitute harm to internet users and cannot give rise to any damages from the Site or its Publisher. Photographs and visuals of the products presented on the Site are not contractually binding; the Publisher therefore cannot be held liable if the characteristics of the items differ from the visuals on the Site or if those visuals are incorrect or incomplete.
Hyperlinks on this Site may lead to other websites, and the Publisher cannot be held liable if the content of those websites breaches applicable laws. Likewise, the Publisher cannot be held liable if a visit by the internet user to one of those websites causes them harm.
Article 7 – Intellectual property rights in the content published on this Site
All elements of this Site belong to the Publisher or to an authorized third party, or are used by the Publisher on the Site with their owner’s permission. Any copying of logos, text, graphics, or video content, without this list being exhaustive, is strictly prohibited and constitutes infringement. Any member found guilty of infringement may have their account deleted without notice or compensation, without such deletion constituting damage to them, and without prejudice to any subsequent legal action brought against them by the Publisher or its authorized representative.
Article 8 – Contributions by internet users 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 Publisher, represented where applicable by moderators, may choose to publish the comment in question in the Site’s newsletters and on the websites of all its partners, provided that the Publisher credits the contributor’s username. Contributors therefore waive their rights to the content of their contributions in favor of the Publisher, for any distribution or use, including commercial use, on the internet, always with due respect for the contributor’s authorship.
Article 9 – Trademarks
The trademarks and logos on the Site are registered by Apolearn or, where applicable, by one of its partners. Anyone who represents, reproduces, embeds, distributes, or redistributes them is liable to the penalties provided for in Articles L.713-2 et seq. of the French Intellectual Property Code.
Article 10 – Limitation of liability
The Publisher, in particular in the online sales process, is bound only by an obligation of means; it cannot be held liable for damage resulting from the use of the internet, such as data loss, intrusion, viruses, service interruptions, or other issues.
Apolearn cannot be held liable for failure to perform the contract due to an event of force majeure, including total or partial strikes by external services or disasters caused by floods or fires. With regard to products purchased, the Publisher will not be liable for any indirect damage arising from these terms, loss of business, loss of profit, damage, or costs that may occur. The choice of and subscription to a Product are the User’s sole responsibility.
The User expressly agrees to use the Site at their own risk and under their sole responsibility. The Site provides the User with information for guidance only, which may contain imperfections, errors, omissions, inaccuracies, and other ambiguities. In any event, the Publisher cannot be held liable for:
– any direct or indirect damage, in particular loss of profit, loss of earnings, loss of customers, or loss of data that may result, among other things, from the use of the Site or, conversely, from the inability to use it;
– any malfunction, unavailability of access, misuse, incorrect configuration of the User’s computer, or the use of an uncommon browser by the User;
– the content of advertisements and other links or external sources accessible to the User from the Site.
Article 11 – Access to the Site
The Publisher cannot be held liable for the technical unavailability of the connection, whether due in particular to force majeure, maintenance, an update, a change to the Site, action by the host, an internal or external strike, a network failure, a power outage, or incorrect configuration or use of the User’s computer.
Article 12 – Account closure
Each member of the Site is free to close their account. To do so, the member must send an email to the Site stating that they wish to delete their account. The member may retrieve their data under the conditions set out in the section of these general terms and conditions on data return.
Article 13 – Governing law and mediation
These general terms and conditions are governed by French law. They may be amended at any time by the Publisher or its authorized representative. The general terms and conditions applicable to the User are those in force on the day they subscribe to a service on this Site. The Publisher undertakes to keep previous versions of these general terms and conditions when they change and to send them to any User who requests them. Unless otherwise required by public policy provisions, any dispute that may arise in the performance of these general terms and conditions may, before any legal action, be submitted to the Publisher for an amicable settlement. It is expressly stated that requests for an amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise required by public policy provisions, any legal action relating to the performance of this contract must be brought before the courts within the jurisdiction of the Court of Appeal seized.
Article 14 – Use of cookies
A “cookie” makes it possible to identify the user of a website, personalize their browsing, and speed up the display of the website by saving a data file on their computer. The Site may use cookies mainly to 1) obtain browsing statistics in order to improve the User’s experience, and 2) provide access to a member account and to content that is not accessible without logging in. The User acknowledges being informed of this practice and authorizes the Publisher to use it. The Publisher undertakes never to disclose the content of these cookies to third parties, except when required by law. The User can refuse cookies or set their browser to be notified before accepting cookies. To do so, the User should configure their browser:
– Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
– Safari: https://support.apple.com/fr-fr/ht1677 – Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
– Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
– Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article 15 – Subscription terms and description of the purchasing process
The “Cart” is defined below as the intangible object (for example, a page or part of a page of the Site) that groups together all the Products selected by the User with a view to a purchase or subscription.
Once the internet user considers that they have selected and added to their cart all the products they wish to buy, they can access a summary page to confirm their order. This page shows the characteristics of the products ordered (in particular volume and any options), as well as their unit price or the subscription price, depending on how the service is priced.
To confirm the order, the User must check the box accepting these general terms and conditions of sale and click the confirmation button. The User will then be asked to fill in an order form with certain personal data required to process the order.
Once the User has submitted this order form, they will be redirected to the online payment interface, where they can pay using the payment methods specified in the relevant section of these general terms and conditions, or, where applicable, access the purchase order needed to send a check.
Shortly afterwards, the User will receive an order confirmation email summarizing the content and price of the order.
Article 16 – Payment information
Internet users can place orders on this Site and pay by credit or debit card. Card payments are made through secure transactions provided by an online payment platform provider. Payment is made directly to the bank or payment provider receiving the Customer’s payment. For payment by check or bank transfer, the delivery times set out in the article below only start from the date on which the seller actually receives the payment, which the seller may prove by any means.
Article 17 – Delivery
The service is made available (in other words, delivered) immediately or within a short time, which may not exceed 7 days. Any claim not made in accordance with the rules set out in the relevant section of these general terms and conditions and within the time limits will not be considered and will release Apolearn from any liability toward the buyer. Upon receipt of a valid claim, Apolearn will inform the buyer by email, fax, or phone of the terms for refunding or changing the order.
Article 18 – Termination
In accordance with Article L.221-28 of the French Consumer Code, since Apolearn provides access to an online tool with initial and/or recurring billing under the terms set out in the section of these general terms and conditions on the conditions of access to the software, the Site is eligible for withdrawal, but withdrawal cannot result in a refund of amounts already paid for the period already elapsed. It is therefore a termination, with cancellation of the contract and therefore of future payments. Acceptance of these terms entails acceptance of the resulting loss of the statutory right of withdrawal established by the aforementioned article. If either party (the Customer or the Publisher) fails to meet its contractual obligations, the contract may be terminated automatically by the other party after a formal notice sent by registered letter with acknowledgment of receipt has remained without effect. The formal notice will specify the failure or failures identified. In the event of termination, the Site will inform the Customer of the upcoming termination of their subscription, and the Customer will stop using all access codes to the solutions and application services. Being totally or partially unable to use the Service, in particular due to incompatible equipment, cannot give rise to any compensation, refund, or liability on the part of the Publisher, except in the case of a proven latent defect, non-conformity, defectiveness, or exercise of the right of withdrawal. If all or part of an order is not made available, the Customer has a maximum of six months (from the date of access to the online service) to report it. After this period, no claim will be accepted.
Article 19 – Archiving
Apolearn will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy, in accordance with Article 1348 of the French Civil Code. The computerized records will be considered by the parties as proof of the communications, orders, payments, and transactions between the parties.
Article 20 – Conditions of access to the solution
This Site provides the User with a solution hosted on its server and accessible over the internet. The various solution plans offered and the corresponding subscription terms are presented on the Site’s offer pages. Depending on the plan chosen, the Site will inform the User of the validity period of their subscription. The Site backs up and secures the data. The Site grants the User a personal, non-exclusive, non-assignable, and non-transferable right to use the solutions for the entire term of the contract and worldwide. The User may use the application services and solutions only in accordance with their needs and documentation. In particular, the license to the solutions is granted solely for the purpose of enabling the User to use the services, to the exclusion of any other purpose. The right of use means the right to display and run the application services in accordance with their intended purpose, in SaaS (Software as a Service) mode, via a connection to an electronic communications network. The User may under no circumstances make the solutions available to a third party and strictly refrains from any other use, in particular any adaptation, modification, translation, arrangement, distribution, or decompilation, without this list being exhaustive. If the Site sets a minimum subscription commitment for some of its offers, this will be stated clearly and distinctly on the offer page and during the subscription process.
Article 21 – Payment
The various solution plans offered and their corresponding subscription prices are presented on the Site’s offer or pricing pages. These pages specify whether billing is daily, monthly, or yearly, based on a level of resource usage, or any other method of access specified on that page. The billing method is also specified on the Site’s offer or pricing pages or, failing that, in the section of these general terms and conditions on the conditions of access to the solution. For automatic direct debits, the Site will inform the Customer in the payment interface of the date, amount, and frequency of the debit, which may vary from one Customer to another.
Article 22 – Data return
When the contractual relationship ends, for whatever reason, the Publisher undertakes, at the Customer’s choice and upon the Customer’s first request made by registered letter with acknowledgment of receipt, to destroy or return all of the Customer’s data in a standard format that can be read without difficulty in an equivalent environment; the exact data format may be specified in discussions between the Site and the Customer. The Customer will actively cooperate with the Site to facilitate data retrieval. The Site will ensure that the Customer can continue to use the data without interruption, either directly or with the assistance of another provider.
Article 23 – Scope of the terms
If any provision of these general terms and conditions is held to be illegal, void, or unenforceable for any other reason, that provision will be deemed severable from the general terms and conditions and will not affect the validity and enforceability of the remaining provisions. These terms set out the entire agreement between the User and the website. They supersede all prior or contemporaneous agreements, whether written or oral. The general terms and conditions may not be assigned, transferred, or sublicensed by the User. A printed version of the general terms and conditions and of all 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 general terms and conditions must be written in French.
Article 24 – Notices
Any notice concerning these general terms and conditions, the legal notice, or the personal data protection charter must be made in writing and delivered by hand, by registered or certified mail, by post or any other nationally recognized courier service that allows tracking, or by email to the addresses given in the Site’s legal notice, stating your last name, first name, contact details, and the subject of the notice.
Article 25 – Inaccuracies
The website and the services offered may, to a limited extent, contain inaccuracies or errors, or information that is inconsistent with the general terms and conditions, the legal notice, or the personal data protection charter. In addition, unauthorized changes may be made by third parties to the Site or to related services (social networks, etc.). We make every effort to correct such discrepancies. If such a situation escapes our attention, please contact us by mail or email at the addresses given in the Site’s legal notice with, if possible, a description of the error and its location (URL), as well as enough information for us to contact you. For copyright requests, please refer to the section on intellectual property.
Article 26 – Claims
Any claim relating to the use of the Site, its services, or any other related service, the Site’s pages on any social networks, or the general terms and conditions, legal notice, or personal data protection charter must be filed within 365 days of the day on which the problem giving rise to the claim first occurred, notwithstanding any law or rule to the contrary. If such a claim is not filed within the following 365 days, it will be permanently barred.
All rights reserved – July 3, 2023
This English version is provided for information only. In the event of any discrepancy, the French version shall prevail.