General Terms of Use

Preamble

The present general terms of use govern all relations between the sites 7speaking.com, lms.7speaking.com and user.7speaking.com, thereafter referred to as “7Speaking Sites”, published by 7Speaking, whose identity and contact details are specified in the “legal mentions” section, and the Internet user.

Any Internet user who wishes to use the 7Speaking Sites is assumed to have read these general terms of use.
These terms and conditions of use are not general terms and conditions of sale or general terms and conditions of service.
They are intended as rules to be followed by all Internet visitors to the 7Speaking Sites.
Each visitor is required to take note of any changes in these terms and conditions, and 7Speaking reserves the right to modify them at any time.

1 – Definitions

The following terms shall have the following meanings between the Parties:
- “Internet”: network of networks allowing the exchange of information using a protocol called TCP/IP. The data is routed through networks of different nature that are capable of reading messages according to this technical standard. Each item of this network belongs to private or public organizations that operate them jointly without necessarily implying a bilateral obligation of quality;
- “Internet user” means any person accessing and using the features of any of the 7Speaking websites;
- “Parties” means either 7Speaking or the Internet user in the singular, and 7Speaking and the Internet user together in the plural;
“Regulations pertaining to the protection of personal data:”
- Law n° 78-17 of January 6, 1978 on data processing, files and freedoms, as amended and including updates and amendments; and
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation);
“7Speaking Sites”: websites and mobile applications published by 7Speaking, accessible at the url www.7speaking.com, user.7speaking.com, lms.7speaking.com and through the iOS and Android applications.

2 – Purpose and Description

The purpose of these Terms of service is to set forth the terms and conditions for the use of the 7Speaking Sites and all pages of the 7Speaking Sites.
The 7Speaking Sites allow Internet users to:
- learn more about the services of the 7Speaking group in France, its activities, its products, its promotional offers and its services;
- have access to practical services, digital or not, of information, training and practice for language learning.
As it is not a merchant site, there are no general conditions of sale, nor mentions relating to the security of payment methods.

3- Effective Date – Duration

These general terms and conditions of service are effective as of 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 terms and conditions of use shall remain applicable for as long as you use the 7Speaking Sites and until such time as new terms and conditions of use replace these terms and conditions.
The Internet user can stop using the Site at any time but remains responsible for any previous use.

4 – Access to the Site

4.1 General access

Access to www.7speaking.com is free. It is normally accessible 24 hours a day, 7 days a week.
7Speaking aims to provide quality access to its users and to allow them to use the means of communication made available to them 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, requesting or transferring information data, 7Speaking makes its best efforts, in accordance with the proper rules, to allow access to and use of the 7Speaking Sites. 7Speaking cannot guarantee absolute accessibility or availability of the 7Speaking Sites.
However, 7Speaking reserves the right, without notice or compensation, to temporarily or permanently shut down the Site, for activities including, but not limited to, updates, maintenance, modifications or changes in operational methods and servers.
Unless otherwise specified, 7Speaking is not responsible for damages of any kind that may result from such changes or from the temporary unavailability or permanent discontinuance of all or part of the 7Speaking Sites or their associated services.
7Speaking reserves the right to make additions or changes to the 7Speaking Sites and the services available on them at any time, as technology evolves.
It is the responsibility of the Internet user to ensure that the computer and transmission resources available to them are able to adapt to changes in the 7Speaking Sites.

4.2 Creating an account

Access to some sections of the 7Speaking portal Sites may require the creation of an account by the Internet user, and/or the provision by 7Speaking of a particular means of access, and/or the supply of specific login information to the Internet user.
The Internet user shall refrain from creating an account under the identity of a third party, unless otherwise specified. The User is exclusively responsible for the confidentiality of their login information (user name and password) allowing them to use their account. Any use of their account by means of their personal user name and password is presumed to have been made by the Internet user or a third party authorized by the Internet user until their account is deactivated.
The user’s login information may be used to access services, including those offered through websites or mobile applications of other 7Speaking group entities.
The User agrees to provide accurate information, in particular when setting up their account, and to update it regularly via the “my account” section.
In the event of non-compliance with the general terms and conditions of use of the 7Speaking Sites, 7Speaking reserves the right to deactivate, automatically and without compensation, the Internet user’s account any notice period, after sending an e-mail or registered letter of formal notice with a request for acknowledgment of receipt having remained without effect for over 30 days.

5 – Commitments of the users

When using the 7Speaking Sites, the Internet users who join the 7 Speaking community of users agree:
- Not to publish inappropriate content and to respect the interlocutors, learners and/or teachers;
- Not to publish erroneous content on purpose;
- To communicate only in the language of instruction;
- Not to divulge confidential information regarding their company

6 – Hyperlinks

7Speaking reserves the right to set up hyperlinks on its Site giving access to web pages other than those of its Site, and over which 7Speaking has no control.
7Speaking declines all responsibility for the conditions of access to these sites, their operation, their use of the personal data of the users and the content of the information provided on these sites as a result of the activation of hyperlinks.
If you have a personal website and wish to place a simple link on your site to the home page of the 7Speaking Sites for your own personal use, you must obtain 7Speaking’s express authorization to set up this link.
In no case shall this authorization be considered as an implicit agreement of affiliation.
In any event, hyperlinks leading the Site without 7Speaking’s permission must be removed at 7Speaking’s first request.

7 – Personal data

In accordance with the regulations on the protection of personal data, the Internet user is informed that 7Speaking, as the data controller, processes personal data.
The 7Speaking sites allow for the implementation of various processing operations whose legal bases are: contractual performance, your consent, its legal and regulatory obligations, and its legitimate interests. The purposes associated with each legal basis are listed in 7 Speaking’s Privacy Policy. To learn more about this processing of personal data and the extent of their rights, the Internet users are invited to read the Privacy Policy – 7Speaking.

8 – Cookies

To enable Internet users to benefit from the services offered by the Site such as its consultation, the optimization of its use or its customization according to the Internet user, the Site uses Cookies. To find out about our cookie policy, the users are invited to click on the following link www.7speaking.com/en/cookies-policy/.

9 – Responsibility of 7Speaking

9.1 General Liability

7Speaking is not responsible for the quality of the 7Speaking Sites, as the 7Speaking Sites are provided “as is”.

9.2 Responsibility for the information on the Site

7Speaking shall not be liable for any damages, whether direct or indirect, that may result from access to or use of the 7Speaking Sites or the information contained therein, regardless of its nature.
7Speaking makes every effort to ensure that the information on its Site is up to date. All information made available to the users accessing the Site has been selected as of a specific date.
The information on the Site reflects an opinion at the time of its creation and not at the time of viewing the 7Speaking Sites. It may need to be updated at the time of viewing for technical or other reasons.
7Speaking shall not be liable for any errors or omissions. Any update, new service or new feature that enhances or improves one or more of the existing items shall be subject to the present terms.
7Speaking shall not be held liable for the appropriateness of decisions made by Internet users based solely on information published on the Site.

10 – Obligations of the user

The user agrees to use the Site and all the information to which they may have access only to obtain information and for a purpose compatible with public order, good morals and the rights of third parties.
It is thus prohibited to post or transmit through the Site any unlawful, harmful, libelous, pornographic, hateful, racist or otherwise objectionable material, in particular with regard to human dignity. If 7Speaking becomes aware of any illegal content on the Site, 7Speaking is entitled to remove such content immediately.
The user also agrees not to disrupt the use that other users may make of this Site and not to access parts of the 7Speaking Sites to which access is reserved.

11 – Intellectual property

The content of the 7Speaking Sites, the general structure as well as the software, texts, animated or non-animated images, photographs, know-how and all other items that make up the Site are the exclusive property of 7Speaking or of third parties who have granted it a license.
The present general conditions of use do not imply any transfer of any kind of intellectual property right on the elements belonging to 7Speaking nor on the elements of the partners or third parties who have granted a license to 7Speaking, such as sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos for the benefit of the consumer.
The Internet user is 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 making up the Site.
Any reproduction and/or representation, whether total or partial, of one of these rights, without the express authorization of 7Speaking, is prohibited and would constitute an infringement likely to engage the civil and criminal liability of the infringer.
Accordingly, the User shall refrain from any action that may directly or indirectly infringe the intellectual property rights of 7Speaking.
The same applies to any databases appearing on the Site, which are protected by the articles of the Intellectual Property Code. Any extraction or reuse, in whole or in part, of the said databases and their contents, is therefore prohibited without the prior express authorization of 7Speaking.
The distinctive signs of 7Speaking and its partners, such as domain names, trademarks, names and logos appearing on the Site are protected by the Intellectual Property Code. Any reproduction, in whole or in part, of these distinctive signs made from elements of the 7Speaking Sites without the express authorization of 7Speaking is therefore prohibited, according to 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 an infringement

12 – Tolerance

The Parties mutually agree that the fact that one of the Parties tolerates a situation, regardless of its frequency and duration, does not have the effect of granting the other Party acquired rights, nor of modifying the present General Conditions of Use.
Furthermore, such tolerance shall not be construed as a waiver of the rights in question.

13 – Headings

In the event of any difficulty of interpretation resulting from a contradiction between any of the titles appearing above the clauses and any of the clauses, the headings shall be declared non-existent.

14 – Invalidity

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

15 – Domicile

For the execution of this agreement and except for specific provisions, the Internet user agrees to address all correspondence to 7Speaking’s headquarters.

16 – Applicable Law

The present general conditions of use of the 7Speaking Sites are governed by French law.
This applies to both substantive and formal rules, notwithstanding the place of performance of substantial or accessory obligations.

17 – Jurisdiction

IN THE EVENT OF LITIGATION ON THE OCCASION OF THE INTERPRETATION OR THE EXECUTION OF THE PRESENT GENERAL CONDITIONS, THE COMPETENT JURISDICTION WILL BE DETERMINED WITH REGARD TO THE PROVISIONS OF COMMON LAW.