General Terms of Use

Preamble

These general terms of use govern all relations between the sites www.7speaking.com, lms.7speaking.com and user.7speaking.com, hereinafter referred to as "7Speaking Sites", edited by 7Speaking, whose identity and contact details are specified in the "legal notice" section, and the Internet User.

Any Internet User who wishes to use the 7Speaking Sites is deemed to have read these general terms of use.

These general terms of use are not general terms of sale or general terms of service provision.

They are intended to constitute the rule that every visiting Internet User must respect when visiting the 7Speaking Sites.

Every Internet User is required at each visit to take note of any developments in these, as 7Speaking reserves the right to modify them at any time.

1 – Definitions

« Internet » : network of networks allowing the exchange of information based on a protocol called TCP/IP. Data is routed through networks of different natures that are capable of reading messages according to this technical standard. Each element of this network belongs to private or public organizations that operate them in cooperation without necessarily implying a bilateral quality obligation;
« Internet User » : any person accessing and implementing the features of one of the 7Speaking sites;
« Parties » : refers in the singular indistinctly to 7Speaking or the Internet User, and in the plural to 7Speaking and the Internet User together;
« Regulations relating to the protection of personal data » : the law relating to information technology, files and freedoms n° 78-17 of January 6, 1978 modified and its updates or modifications; and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (General Data Protection Regulation);
« 7Speaking Sites » : websites and mobile applications edited by 7Speaking, accessible at the URLs www.7speaking.com, user.7speaking.com, lms.7speaking.com and through iOS and Android applications.

2 – Object and description

The purpose of these terms is to set the conditions of use for the 7Speaking Sites and all pages of the 7Speaking Sites.

The 7Speaking Sites allow Internet Users to:

  • better understand the services of the 7Speaking group in France, its activities, its products, its promotions and its services;
  • have access to practical digital or non-digital services for information, training and practice for language learning.

As this is not a merchant site, there are no general conditions of sale or mentions relating to the security of payment methods.

3 – Entry into force – Duration

These general terms of use come into force on the date they are put online and will be enforceable on the date of the first use of the 7Speaking Sites by the Internet User.

These general terms of use are enforceable throughout the duration of use of the 7Speaking Sites and until new general terms of use replace these.

The Internet User may at any time waive the use of the Site but remains responsible for any prior use.

4 – Access to the Site

4.1 General Access

Access to the site www.7speaking.com is free. It is in principle accessible 24 hours a day, 7 days a week.

7Speaking strives to provide quality access and to allow Internet Users to use the means of communication at their disposal in the best possible conditions.

Due to the nature and complexity of the Internet network, and in particular, its technical performance and response times for consulting, querying or transferring information data, 7Speaking makes its best efforts, in accordance with the rules of the art, to allow access and use of the 7Speaking Sites. 7Speaking cannot indeed ensure absolute accessibility or availability of the 7Speaking Sites.

However, 7Speaking reserves the right, without notice or compensation, to temporarily or permanently close the Site, notably to carry out an update, maintenance operations, modifications or changes to operational methods and servers, without this list being exhaustive.

Unless otherwise specifically provided, 7Speaking is not responsible for damages of any kind that may result from these changes or from temporary unavailability or even the permanent closure of all or part of the 7Speaking Sites or the services associated with them.

4.2 Creation of an account

Access to certain sections of the 7Speaking Sites portal may require the creation of an account by the Internet User, and/or the provision by 7Speaking of a specific means of access, and/or the provision of specific identifiers to the Internet User.

The Internet User is prohibited from creating an account under the identity of a third party, except as otherwise specifically provided. He is exclusively responsible for the confidentiality of his identifiers (username and password) allowing him to use his account. Any use of his account via his personal username and password is presumed to have been made by the Internet User or a third party authorized by the Internet User, until his account is deactivated.

The account identifiers of the Internet User may be used to access services, including those offered via the websites or mobile applications of other entities of the 7Speaking group.

The Internet User undertakes to communicate accurate information, notably when creating his account, and to update it regularly via the "my account" section.

In case of non-compliance with the general terms of use of the 7Speaking Sites, 7Speaking reserves the right to deactivate, by operation of law and without compensation, the account of the Internet User without having to respect any notice period, after sending an e-mail or a registered letter with acknowledgment of receipt of formal notice, which has remained without effect for more than 30 days.

In the event of a breach and/or manifest and significant fraud by the Internet User, the deactivation of the account will take place by operation of law, without notice, without formality and without compensation.

5 – Commitments of internet users

By using the 7Speaking Sites, the Internet Users who join the 7Speaking user community undertake to:

  • Not publish inappropriate content and to respect interlocutors, learners and/or teachers;
  • Not publish knowingly erroneous content;
  • Communicate only in the learning language;
  • Not disclose internal information of their company.

6 – Hypertext links

7Speaking reserves the possibility of setting up hyperlinks on its Site giving access to web pages other than those of its Site over which 7Speaking exercises no control.

7Speaking declines all responsibility for the conditions of access to these sites, their operation, their use of the personal data of Internet Users and the content of the information provided on these sites under the activation of hyperlinks.

The Internet User who has a personal website and wishes to place a simple link pointing directly to the homepage of the 7Speaking Sites on his site for personal purposes, must obtain the express authorization of 7Speaking to establish this link.

In no case can this authorization be qualified as an implicit affiliation agreement.

In any case, hypertext links pointing to the Site without the authorization of 7Speaking must be removed at the first request of 7Speaking.

7 – Personal data

In accordance with the Regulations relating to the protection of personal data, the Internet User is informed that 7Speaking, as data controller, implements processing of personal data.

The 7Speaking sites allow the implementation of different processing whose legal bases are: contractual performance, your consent, its legal and regulatory obligations, its legitimate interest. The purposes associated with each legal basis are listed in the Privacy Policy – 7Speaking. To learn more about this processing of personal data and the extent of their rights, Internet Users are invited to refer to the Privacy Policy – 7Speaking.

8 – Cookies

To allow Internet Users to benefit from the services offered by the Site such as its consultation, the optimization of its use or its personalization according to the Internet User, the Site uses Cookies. To know our cookie policy, Internet Users are invited to click on this link https://www.7Speaking.fr/cookies.

9 – Responsibility of 7Speaking

9.1 General Responsibility

7Speaking cannot be responsible for the quality of the 7Speaking Sites, the 7Speaking Sites being offered "as is".

9.2 Responsibility with regard to the information present on the Site

7Speaking cannot be held responsible for direct or indirect damages that could result from the access or use of the 7Speaking Sites or the information appearing there of whatever nature.

7Speaking makes its best efforts to offer up-to-date information on its Site. All information brought to the knowledge of persons accessing the Site has been selected on a specific date.

The information appearing on the Site reflects an opinion at the time of its realization and not at the time of consultation of the 7Speaking Sites. It may require an update that may not have occurred at the date of its consultation for technical or other reasons.

7Speaking cannot be held responsible for any error or omission. Any update, new service or new characteristic that improves or increases one or more existing information contents will be subject to these terms.

7Speaking declines all responsibility concerning the appropriateness of the decisions and the modalities of its execution taken by the Internet Users on the sole faith of the information published on the Site.

10 – Obligations of the Internet user

The Internet User undertakes to use the Site as well as all the information to which he may have access only to obtain information and for a purpose consistent with public order, good morals and the rights of third parties.

Thus, he is prohibited from publishing or transmitting via the Site any illegal, harmful, defamatory, pornographic, hateful, racist or otherwise offensive to human dignity element in particular. In the event that 7Speaking is informed of the presence of illegal content on the Site, 7Speaking would be entitled to immediately delete the content.

The Internet User undertakes, moreover, not to disturb the use that other Internet Users could make of this Site and not to access parts of the 7Speaking Sites whose access is reserved.

11 – Intellectual property

The content of the 7Speaking Sites, the general structure as well as the software, texts, animated or still images, photographs, its know-how and all other elements composing the Site are the exclusive property of 7Speaking or the third parties who have granted it a license.

These general terms of use do not entail any transfer of any kind of intellectual property right over the elements belonging to 7Speaking nor over the elements of partners or third parties who have granted it a license, such as sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos for the benefit of the consumer.

The Internet User is specifically prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the pages of the 7Speaking Sites, or the computer codes of the elements composing the Site.

Any reproduction and/or representation, total or partial of one of these rights, without the express authorization of 7Speaking, is prohibited and would constitute a counterfeit likely to engage the civil and criminal liability of the counterfeiter.

Consequently, the Internet User is prohibited from any act and any action likely to directly or indirectly infringe the intellectual property rights of 7Speaking.

It is the same for the databases appearing, if applicable, on the Site which are protected by the articles of the Intellectual Property Code. Any extraction or reuse, total or partial of said bases and their content is thus prohibited without the prior express authorization of 7Speaking.

The distinctive signs of 7Speaking and its partners, such as domain names, brands, denominations as well as the logos appearing on the Site are protected by the Intellectual Property Code. Any total or partial reproduction of these distinctive signs made from elements of the 7Speaking Sites without the express authorization of 7Speaking is therefore prohibited, within the meaning of the Intellectual Property Code.

Only use consistent with the purpose of the 7Speaking Sites is authorized. Any other use, not expressly authorized in writing and in advance by 7Speaking, is prohibited and constitutes a counterfeit.

12 – Tolerance

The Parties reciprocally agree that the fact for one of the Parties to tolerate a situation, whatever the frequency and duration may have been, does not have the effect of granting the other Party acquired rights, nor of modifying these General Terms of Use.

Moreover, such tolerance cannot be interpreted as a waiver of the rights in question.

13 – Titles

In case of difficulties of interpretation resulting from a contradiction between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.

14 – Nullity

If one or more stipulations of these general terms of use are held to be invalid or declared as such in application of a law, a regulation or following a decision having become final by a competent court, the other stipulations will keep all their force and their scope.

15 – Domiciliation

For the execution of this agreement and except for specific provisions, the Internet User agrees to send all correspondence to the registered office of 7Speaking.

16 – Applicable law

These general terms of use of the 7Speaking Sites are governed by French law. It is so for the substantive rules and the formal rules and this, notwithstanding the places of performance of the substantial or secondary obligations.

17 – Jurisdiction

IN CASE OF DISPUTE CONCERNING THE INTERPRETATION OR PERFORMANCE OF THESE GENERAL TERMS, THE COMPETENT JURISDICTION WILL BE DETERMINED WITH REGARD TO THE PROVISIONS OF COMMON LAW.