General terms and conditions
Date of update : 30/12/2020
The website accessible at the address Exam-France.com (hereinafter referred to as “the platform”, “the service” or “Exam-France.com”) is published by the company LAB DIGITAL, a French company [SIREN: 812 252 856 registered with the Montpellier Trade and Companies Register]. Exam-France.com is an Internet platform dedicated to the preparation of French exams (French as a foreign language – FLE). Some features of the Exam-France.com service are accessible free of charge and other features are subject to a fee. This service is intended for adults or minors (over 13 years of age and with the express authorisation of their parents or legal guardian), who are courteous and respectful of good morals and the laws in force in their country. This service has been designed to guarantee maximum comfort to users and a high level of reliability in its use.
Exam-France.com can modify at any time these terms and conditions of use. In this hypothesis, you will be warned on the site or by e-mail. As such, you acknowledge and agree that your use of the site or simply your access to it after the date of the modifications, will entail your acceptance of the TOS as modified.
ARTICLE 1 – Definitions
In these General Terms and Conditions of Use, the following terms have the following definitions:
“Content”: means any information, data, literary and artistic work, message, music, sound, video, photography, text, image, comments, tags, titles, published in electronic form and/or made available by a user registered with the Service.
“Registration”: act by which a person accesses Exam-France.com for the first time, answers the form submitted to him/her, validates the rules of the different functions and indicates his/her identity, contact details, as well as a login and password.
“You”, “User(s)” or “Member(s)”: Refers to any individual who approves these TOS, and who thereby accesses Exam-France.com by creating an account or not.
“Service(s)” : refers to all the services offered by Exam-France.com to its Users.
“Site”: The page accessible at the URL https://www.Exam-France.com, directly or by any URL, hypertext link, tab, button or any other means, as well as any substitute sites set up by the company LAB DIGITAL SAS.
ARTICLE 2 – Registration & Access to Exam-France.com
2.1 Access to the site
Exam-France.com is accessible to individuals under the age of majority (if parental authorisation is given) and is reserved for personal or professional use. When you use the Service, you declare that you are acting in a private capacity, for yourself or on behalf of your company.
In particular, it is prohibited, without this list being exhaustive :
- To use this Service when you do not accept these terms and conditions.
- To use this Service when you are a minor and do not have parental or legal guardian permission.
- Communicate personal information to any other User via email, or any other networking functionality without using the functionalities of this Service.
- To use This Service for advertising purposes to promote third party services.
- To harm anyone in any way whatsoever by disseminating messages or content that do not comply with the laws and regulations in force, morality, the rights of third parties or that aim to disturb public order. See the chapter Compliance with the legislation in force.
- To provide content (photos, texts, videos) that does not comply with the educational charter of this Service and does not respect good morals. Any content that contravenes this policy will be deleted systematically and without prior notice.
- To distribute content intended to degrade this Service (viruses, spams, worms, software, etc.).
- To broadcast any Internet link whatsoever.
- To distribute hypertext links to websites that are not part of the websites published by the Keep Learning French group, whatever the subject matter.
2.2 Creating an account
In addition to acceptance of these TOS, access to the Service is subject to the opening of an account on the Site. To do so, you must provide the data enabling your identification. When opening this account, you guarantee that the data you provide is accurate and true, and you undertake to inform Exam-France.com without delay in the event of a change in the data provided at the time of your registration and, if necessary, to make the changes yourself within your personal space on the Exam-France.com website.
2.3 Account Security and Confidentiality
To use the Service, You must use the login and password created when You opened your account. You undertake to keep them secret and not to disclose them to any third party. You will be solely responsible for accessing the Service using your login and password, unless there is evidence of fraudulent use for which you are not responsible. In the event of loss, misappropriation or fraudulent use of your username and/or password, you agree to immediately notify the Exam-France.com customer service.
Exam-France.com has no obligation and does not have sufficient technical or legal means to ensure the identity of people who register on the Site. If you believe that the identity of a person on the Site is inaccurate or that a person is fraudulently using your account or the data you have provided, you must immediately inform Exam-France.com customer service.
2.4 Invitation & Sponsorship
When a User wishes to invite a friend or an acquaintance to the Site and provides Exam-France.com with the contact details of this friend, he or she undertakes to have previously obtained the latter’s express consent to the processing and collection of his or her personal data by Exam-France.com. This data will then be used to send, on behalf of the User providing Exam-France.com with the contact details and on his/her behalf, an email presenting to the “sponsored” friend Exam-France.com and the services offered. If necessary, the User deliberately provides this information under his exclusive responsibility and undertakes to assume all the consequences.
2.5 Right of withdrawal
In accordance with article L 121-20 of the French Consumer Code, it is specified that the customer has a period of seven clear days from the subscription of the service to exercise his right of retraction, without penalty or reason. However, in accordance with article L 121-20-2, 1° of the Consumer Code, the customer can no longer exercise his right of retraction once he has accessed the services or consumed them.
ARTICLE 3 – Functioning of Exam-France.com
As soon as his account has been created, the User accesses the Services offered by Exam-France.com.
Some services are subject to prior moderation, their use will only be possible after validation of the account by the moderators of the Exam-France.com website.
By default, the User has access to limited services. In order to have access to more extensive Services, each User has the possibility of opting for a paid service. To do so, he must subscribe to a paid offer or take out a subscription (See Art 4 below).
ARTICLE 4 – Subscription to Paid Services & Payment Methods
4.1 Subscription or purchase of paid services
Once his account has been created, the User may, if he wishes, purchase paid services or a subscription to the service. Purchasing paid services or a subscription has the advantage of having access to more extensive services and possibilities on Exam-France.com. Several types of subscriptions are possible, the duration of your subscription depends on the period you have chosen. The terms and conditions of subscriptions are detailed on the payment page that accompanies it: price, available features, duration. The prices indicated on the Site are in euros (including all taxes) for countries in the Euro zone.
4.2 Payment of a paid offer or subscription
Payment for a paying service or subscription is made by credit card to one of our STRIPE/MANGOPAY/PAYPAL payment service providers, who will be responsible for receiving your payment. By using our payment service provider, you must accept the terms and conditions of use and the general terms and conditions of the payment service. Consequently, any sale of paid services or subscriptions to Exam-France.com is firm and final, without prejudice to the provisions set out in Article 2 hereof, and in particular the provision relating to the right of withdrawal.
4.3 Renewing a subscription
To avoid any interruption of service, your subscription will be automatically renewed for a new period of the same duration as the one you chose when you signed up for the paid service. Thus, unless you explicitly request a cancellation, you will continue to benefit from the service on the basis of the price of your current subscription. Your subscription will be automatically renewed until you explicitly notify Exam-France.com of your wish to cancel your current subscription under the conditions described in this article, in the paragraph “Cancellation” below.
4.4 Termination of your subscription
You may cancel your subscription at any time by clicking on the “Stop my subscription” link located on your account management page before your subscription period expires. Even then, you will still be able to use your Account until your subscription expires. Please note that there will be no refund if you decide to stop your subscription, as the service will remain available until the end of the subscription period. Any cancellation request will be deemed to be made on the business day following its receipt by Exam-France.com. In case of cancellation and/or closure of your Account, Exam-France.com does not guarantee that your Account, your user data, will be kept in case of a new subscription.
Notwithstanding the provisions hereof, Exam-France.com may terminate your account without notice in the event of a breach by you, and the terms of the discretionary termination differ depending on the severity of the breach. Such termination shall be without prejudice to any damages that Exam-France.com may claim from the User in compensation for any harm suffered by Exam-France.com as a result of such breaches.
Termination for simple breach: A simple breach is constituted when the user does not comply, or has not complied with any other provision of these TOU, excluding those contained in articles 2 and 6 (serious breach). In this case, Exam-France.com will first send an email to the User guilty of the breach. If the User does not respond to the email and/or persists in his breach, his account will be terminated discretionarily within 2 working days.
Termination for serious breach: A serious breach is characterised when the user does not respect, or has not respected, one of the provisions of articles 2 and 6 of these TOU. In this case, the termination is immediate and the user is not entitled to claim any reimbursement whatsoever for the period remaining until the next expiry date of his subscription.
The company LAB DIGITAL reserves the right to take legal action against any person having caused by his behaviour a prejudice (of any nature whatsoever) to another user of Exam-France.com or to the company itself.
ARTICLE 5 – Responsibility & Obligations of Exam-France.com
5.1 General liability
Exam-France.com is an Internet service dedicated to the preparation of French exams (French as a foreign language – FLE). As Exam-France.com provides this service at a distance, it is expressly reminded that the Site is merely an intermediary between its Users and provides its Users with means of communication as well as functionalities to enable them to get in touch with each other more easily.
In no case is Exam-France.com bound or committed to any obligation of result on this point. The virtual and automated nature of the service cannot guarantee nor attest to the real intentions of the Users among themselves nor even the veracity of the information they provide or their real identity.
Under no circumstances can Exam-France.com be held responsible for messages or information exchanged on the Site. Each User expressly acknowledges that, by the mere fact of using the Service, he/she may be potentially exposed to inaccurate, shocking, indecent or negative content. In its capacity as a simple host, Exam-France.com can in no way be considered as responsible for the diffusion of this type of Content.
Solicitation of other Users: the utmost vigilance is also required with regard to any request for money or solicitation from unscrupulous Users of this Service and everyone is invited to refrain from responding to this type of request. We also invite our Users to report any request that they consider abnormal and which may have escaped the vigilance of our team of moderators.
5.2 Technical Responsibility
The material equipment enabling access to the Service is the sole responsibility of the User, as are the telecommunications costs (internet subscriptions, telephone, etc.) necessary for the use of the Service. The connection, use and participation in Exam-France.com implies for the User the full knowledge and awareness of the limits of the Internet in all matters concerning the technical aspects of data transfer, protection against viruses and other constraints of the Internet.
In the current state of information technology, Exam-France.com cannot be held responsible, in particular in the event of (non-exhaustive list):
- failure of computer connections or networks related to the use of the Internet,
- temporary or permanent failure of the computer or telephone networks,
- temporary or permanent failure of the User’s computer equipment,
- temporary or permanent failure of the User’s software,
- temporary or permanent failure of the User’s Internet Service Provider (ISP),
- damage caused to the User’s computer equipment,
- Internet network malfunctions leading to failures in the administration, security, integrity or management of the services offered on the site,
- change in the site’s programme leading to an update and/or temporary unavailability of the site,
- any loss of data or settings by the User,
- consequences and damages caused by a computer virus,
- problems connecting the participant to the site,
- cases of force majeure as recognised by case law.
Moreover, Exam-France.com cannot be held responsible in case of (non-exhaustive list):
- modification, suspension, cancellation or postponement without notice or justification on its part, of one or more services offered on the site. In such a case, Exam-France.com cannot be held responsible in any way and Users cannot claim any compensation.
- behaviour of one of the Users contrary to the law, morality and public order.
In any case, the responsibility of Exam-France.com towards the User can only be engaged for facts which would be directly attributable to him and is in any case limited to the amount corresponding to the amount of the service purchased or subscription paid the month before the disputed fact. It cannot be held liable for indirect damages. The responsibility of Exam-France.com cannot be engaged because of the misuse of the Service by the User either.
ARTICLE 6 – Responsibility and obligations of Users
6.1 General liability
First and foremost, each User undertakes to comply with the laws, regulations and international conventions in force and undertakes that the content that he or she decides to bring to the attention of other Users (photos, messages, sounds, videos) complies with these General Conditions of Use as well as the laws and regulations in force, so that it does not undermine public order, morality or the rights of third parties.
6.2 Responsibility for the content disseminated
The information provided by a User to Exam-France.com must be accurate. Exam-France.com does not undertake to verify the identity of the Users or the truthfulness of the Contents (Information, photos, messages, sounds, videos) that they provide, these being provided under their full and exclusive responsibility. Any consequences of disclosure on their life and/or Content are the exclusive responsibility of the Users concerned. Therefore, each User waives any recourse against Exam-France.com, in particular on the basis of the possible infringement of their image, honour, reputation, resulting from the diffusion or disclosure of information concerning them.
Moreover, the User is informed that, given the characteristics of the Internet, the transmitted data are not protected against the risks of misappropriation and/or hacking, for which Exam-France.com could not be held responsible. It is therefore exclusively the responsibility of each User sharing content to take all appropriate measures to protect this content. Thus, any User who makes its content accessible to other users acknowledges that Exam-France.com does not guarantee the confidentiality of the content, whether or not it is broadcast.
In particular, and without this list being exhaustive, the User undertakes to ensure that the content provided by him/her :
- Does not incite violence, crime, misdemeanour, including sexual assault, suicide, acts of terrorism, theft, degradation and deterioration,
- Does not condone war crimes, crimes against humanity or acts of terrorism,
- Does not incite racial discrimination, hatred or violence against a person or a group of persons because of their origin, ethnicity, nation or religion,
- Does not contain any offensive or insulting expressions towards third parties,
- Does not infringe on the privacy, image and intimacy of a third party,
- Does not infringe property rights, including intellectual property rights,
- Does not undermine the security or integrity of any State,
- Does not propose the sale, gift or exchange of goods resulting from the commission of an offence constituting a misdemeanour or crime (swindle, embezzlement, breach of trust, etc.).
- Does not contain any pornographic or paedophilic content,
Any breach by a User of the obligations contained in this article, in article 2 of these TOS or more generally to one of the obligations discretionarily deemed essential by Exam-France.com may terminate the contract and permanently delete the account of the User concerned.
Without prejudice to the foregoing provisions, the User guarantees and will indemnify Exam-France.com at first request against any damage suffered by Exam-France.com and against any liability action that would be brought against Exam-France.com due to the violation by the User of any right of a third party, including another User of the Site.
ARTICLE 7 – Personal data, data processing and liberties
In order to allow Users to interact with each other, Exam-France.com collects, stores and archives personal information about its Users. This data can be: name, postal and/or email address, telephone and/or mobile phone number, IP (Internet Protocol) address of the computer. Exam-France.com is likely to share some of this information with some of its partners, knowing that no information allowing to identify a User by name will be communicated.
In accordance with French law no. 78-17 of 6 January 1978 on data processing, data files and individual liberties, and European directive no. 95/46 of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free circulation of such data, Users registered on the Site have the right to oppose, access and rectify data concerning them. As a result, any User registered on Exam-France.com has the right to demand that any information concerning him/her be corrected, completed, updated or deleted. If the request for deletion of information concerns elements necessary for the proper functioning of the User’s Account, the account will have to be deleted.
The application must be sent, in writing, with the applicant’s contact details and personal identifier, by post to the address below:
6, rue Foch
The User acknowledges having been informed of the fact that the Site may implement “cookies” allowing certain information to be recorded on his computer, and that he may oppose the recording of these “cookies” by configuring his Internet browser accordingly. Exam-France.com may offer Users the opportunity to participate in loyalty programs, marketing or any other activities taking place on a website or third party program. In this case, Exam-France.com is not responsible for the actions or activities of these third parties and urges its visitors to carefully read the terms and conditions proposed by them.
ARTICLE 8 – Advertising actions
Within the framework of advertising or promotional actions and in order to increase the efficiency of the service it offers to its Users, Exam-France.com reserves the right to exploit part of the content submitted by Users, such as their first name, photo, training content and notices. Thus, the information communicated by the Users (except personal contact details) is accessible via the website in the visitor area and in the member area, via newsletters sent by email. It is also accessible via any electronic (text message, E-mail, Internet, MMS) or traditional (Press, Radio, Television) means of communication throughout the world, as long as the User has not expressed his disagreement or cancelled his access to the service. The User’s personal contact details are not, under any circumstances, distributed to anyone in any way whatsoever. Users can ask Exam-France.com to stop using their content for its advertising/promotion actions either by mail, by hiding their information in the member area, or by cancelling their account.
ARTICLE 9 – Evidential value
It is agreed between the participant and Exam-France.com that only the data saved on the computer systems of Exam-France.com have evidential value as to the elements of connection and information resulting from computer processing relating to the service. Consequently, it is expressly agreed that Exam-France.com may rely, particularly in the event of litigation or dispute, on these elements as evidence of any act, fact or omission in order to assert its rights in court. These various elements constitute admissible, valid and opposable evidence between the parties whatever their form or presentation.
Similarly, any operation carried out using the identifier and password allocated to a User, following registration, are irrefutably presumed to have been carried out under the User’s responsibility.
ARTICLE 10 – Intellectual property
The Site and all the rights attached to it are the exclusive property of Exam-France.com.
Consequently and without this list being restrictive, all programmes, brands, logos, illustrations, games, distinctive signs, texts, sounds, videos, images, interfaces, screens, as well as the present Terms and Conditions of Use visible on Exam-France.com are protected by the French law on Copyright and Intellectual and Artistic Property and by the International Conventions on Copyright. Thus, any unauthorised reproduction or representation of these elements constitutes an infringement punishable by law. The reproduction, disclosure, distribution, use, representation, reproduction, modification or any other form of unauthorised and/or illicit exploitation, in whole or in part, directly or indirectly, by any and all means and on any similar or different media, of the elements listed above, is subject to the prior authorisation of Exam-France.com. Failing this, any offender exposes himself to legal action by Exam-France.com, by the holders of the exclusive rights assigned to Exam-France.com, or by third parties concerned against the offender(s).
For his part, the User expressly authorizes Exam-France.com to reproduce and distribute the information he provides on his page, his account, his advertisement, his search criteria and his presentation (information, description, images, etc.) on all or part of the Site and/or on any electronic communication media, for the whole world and for the whole duration of the execution of the present GCU between the User and Exam-France.com.
ARTICLE 11 – Assignment
This Service reserves the right to assign or transfer to any company of its choice the rights and obligations contained in these General Conditions of Use.
ARTICLE 12 – Partial nullity
If one or more of the stipulations of the present GCU are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other stipulations will retain their full force and scope.
ARTICLE 13 – APPLICABLE LAW and COMPETENT JURISDICTION
Exam-France.com, the site and these rules are subject to French law.
In the event of a dispute, the parties will give priority to doing everything possible to find an amicable solution. In the absence of an amicable agreement between the mentioned parties, the courts ruling the location of the registered office of Exam-France.com will be the only competent ones without any exception.
Any dispute relating to the interpretation, execution or validity of this contract will be subject to the exclusive jurisdiction of the competent court within the jurisdiction of the Court of Appeal of MONTPELLIER (34), notwithstanding plurality of defendants or appeal in warranty.