TERMS OF SALES AND USE

This agreement (the TSU) represents the general conditions of sale and use of the Service, applicable between you and the company “Successful Chinese Learning”.

By visiting the website and/or by becoming a customer of THE COMPANY, you agree to be bound by this Agreement set out below.

DEFINITIONS AND ABBREVIATIONS

"The Company" or "SCL": the company “Successful Chinese Learning”

"The Site": https://www.successfulchineselearning.com/

TSU: These Terms of Sale and Use of the Website.

The Brand: the trademark "SUCCESSFUL LEARNING CHINESE" as well as figurative elements such as logos, typefaces and other signs.

Sinogram: logogram or Chinese character which are both carriers of sound and sense. Sinograms are the elements of the scriptures of the Chinese language.

Files: represent digital audio files, PDF files, and / or the fonts and sinograms necessary for learning the language.

VERSION

These TSU represent the version updated as of December 28, 2020. They apply to any order received from that date. They can be consulted at any time on the authentic page

https://www.successfulchineselearning.com/en-terms-of-sale-and-use

1/ PARTIES

These TSU are concluded between:

Successful Chinese Learning, microenterprise registered under number 892376161 having its registered office 12 bis rue du 18 août 28630 Le Coudray, here after referred to as "THE COMPANY", on one hand

And on the other hand

Any person visiting the SUCCESSFUL CHINESE LEARNING website, wishing or not to place an order, being registered or not as a member, user or customer, and having the legal capacity to do so, hereinafter referred to as "the User"

2/ SCOPE

The TSU define the terms of use of the website, and the conditions of sale between THE COMPANY and the User. The TSU govern all the steps necessary for placing an order and its delivery.

Furthermore, the Site's Privacy Policy is an integral part of these general conditions of sale and can be viewed at the URL https://www.successfulchineselearning.com/en-data-privacy-policy-cookies

3/ ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

The User's consent to these TSU can be expressed either by the box "I acknowledge that I have read the Terms of Sale" which appears at the end of the ordering process, or by the act of finalizing the order.

The applicable TSU are those in force on the day of the order placed by the User. Any condition or clause contrary to the TSU opposed by any User or Client will be unenforceable against THE COMPANY, regardless of when it has been brought to its attention.

THE COMPANY reserves its rights to update and modify the TSU without notice and as seems fit. Where applicable, Users will be informed of significant changes to the Terms.

4/ ACCESSIBILITY OF SERVICES

The Site is accessible 24 hours a day, 7 days a week, except for scheduled or accidental interruptions.

The Site is operated by the Company and hosted by a hosting provider. The two companies may need to carry out maintenance and improvements on the Site or on the servers, which may make them temporarily inaccessible. THE COMPANY cannot be held responsible for any damage, whatever its nature, resulting from the temporary unavailability of the Site under such conditions.

5/ SUBSCRIBE TO THE SITE

Placing an order on the Site requires the registration of the User for the creation of a customer account. To create an account, the user must choose an identifier associated with a valid email address and a password.

It is up to the User to keep this information strictly confidential and not to communicate it to third parties, in order to avoid as much as possible any risk of intrusion into his Customer Account and the placing of an order without his knowledge by persons not authorized, or viewing the order history.

Access to the User's customer account is carried out under his control and under his responsibility.

The User guarantees THE COMPANY against any recourse or claim by a third party regarding an illegal registration under the terms of these general conditions.

THE COMPANY cannot be held responsible for the use of the customer account by a third party authorized or not authorized by the User.

If you detect or suspect any unauthorized or fraudulent use of your personal account or notice any malfunction, you must immediately alert the customer service COMPANY email to contact@successfulchineselearning.com and immediately change your password in order to forbid further unauthorized logins.

6/ DELIVERY OF THE SERVICES

The Company reserves its rights to modify, develop and improve the site and the services, with or without notice. We may also, at any time, cease to continue to operate some or all of the Services or selectively disable certain aspects of the Services or parts of the Site.

In providing the Services, we do not actively monitor the display, transmission, and exchange of material accessible through the Services, and we maintain no obligation to do so, unless otherwise specified by us or as required by the authorities and / or court decisions applicable to the company.

However, subject to the terms of our privacy and security policy, we reserve the right to monitor the services from time to time to determine that their use is in compliance with these terms and applicable laws.

7/ INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All texts, comments, illustrations, distinctive signs, photographs, images and any other element appearing on the Site are protected by international conventions on intellectual property in general, and by the French Code of Intellectual Property in particular.

In this context, any use or reproduction, total or partial, on any medium and for any purpose, without the prior and express consent of THE COMPANY, is prohibited and may be the subject to infringement proceedings.

Consequently, the User agrees not to distribute, license sublicense, translate or reproduce in any way whatsoever any element of the website, be it specifically labelled as protected by copyrights, trademarks or without any label regarding copyrights and trademarks, or other proprietary information without the express consent of COMPANY materialized in a contract signed by the legal representative of the company or a person duly authorized to that end by a specific power of attorney.

8/ LICENSE TO USE THE DOWNLOADED FILES

In order to be able to fully benefit from the language courses, users must download a specific font allowing the display of texts in the target language, such as, but not limited to, a set of Chinese-Mandarin sinograms. In addition, the user receives the right to download one or more PDF files as well as digital audio files, these files being necessary for learning the language. These elements are hereinafter referred to as “the files” as defined in the “definition” part of these TSU.

The user receives a license granting him the right to use the files to view the texts and learn to read and / or reproduce the sounds and sinograms in question.

Under no circumstances can the user use the files in a context other than that of learning the language for which the files were downloaded.

The User is prohibited in particular:

• To distribute the files, free of charge or against payment, and/or to integrate them into any offer whatsoever free or paid, public or private,

• Use the files in whole or in part, individually or not, for a public or private project, for free or against payment,

• Transform all or part of the font to distribute a modified version commercially or for free, privately or publicly.

9/ BEHAVIOR ON THE SITE

You agree not to:

• Use any software or hardware tool, or any program, algorithm or methodology for collecting or extracting automated data, for the purpose of accessing, acquiring, copying the data present on the site, except with the express prior consent of THE COMPANY materialized in a contract signed by the legal representative of the company or a person duly authorized by means of a specific power.

• Use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, crawlers, scrapers, robots, avatars, or intelligent agents) to navigate or search in the COMPANY's site or servers, other than search engines,

• Publish or transmit any file containing viruses, worms, Trojan horses or presenting any risk of contamination or destruction or which affects the integrity of the site, or which interferes in any way with the proper functioning of the site and its availability to users.

• Attempt to decipher, decompile, disassemble or reverse engineer any content or software comprising or forming in anyway part of THE COMPANY or the Service.

The COMPANY reserves the right to sue any person, registered member or not, responsible for the aforementioned acts, in application of any law and any regulation, under any jurisdiction, in order to repair any damage, direct, indirect or incidental, which would be constituted following the aforementioned actions.

10/ FEES, PAYMENTS, REFUNDS

The courses are divided into several sections accessible on the basis of a monthly subscription of a duration corresponding to the number of sections and the progress expected each month from the user.

Thus, each month, and as the subscription progresses, new sections are made available to the user.

In accordance with Article L.221-28 of the French Consumer Code and equivalent provisions of European laws, monthly subscriptions are withdrawn each month and are not refundable. This is because the services contain elements that can be downloaded, which are fully usable once access has been given to the customer.

However, the user can cancel his subscription by respecting the following conditions:

• To deactivate a subscription, the user must go to the "My account" page or by simple request to the site administrator at least 5 days before the debit of the next installment.

• After this period, the Company cannot guarantee that the cancellation of the subscription can take effect in time.

• No refund request can be made in the event of a late cancellation request.

If the user does not cancel his subscription, he is deemed to have accepted the extension of his subscription for the coming month.

A canceled subscription allows the user to continue to have access to the service until the end of the month corresponding to the last effective debit.

After initial enrollment, if your credit card expires, is canceled, lost or rendered invalid or if your Paypal or Stripe account or any other means of payment is not provisioned, payment will not take place and your subscription bears the risk to be automatically terminated.

In such cases, you will be contacted and you will have the possibility to modify your registration data. If your credit card or Paypal / Stripe account is not recharged, renewed or provisioned after this request, your subscription will automatically be suspended or terminated.

11/ INDEMNIFICATION

You agree to indemnify, defend and hold harmless COMPANY and its affiliates, partners, suppliers and employees from any liability, claim, cost or damage arising from your use of the Site or your violation of this Agreement and any liability under the conditions set forth herein.

12/ INTEGRATION OF THE CONFIDENTIALITY POLICY IN THIS TSU.

As specified in Article 3 of these TSU, the Privacy Policy is an integral part of the TSU and can be viewed and downloaded at https://www.successfulchineselearning.com/privacy-policy /

As a reminder, THE COMPANY undertakes to keep confidential the information transmitted by its Users. The latter benefit from a right of access, rectification and erasure of their data, through their customer account or an email sent to Customer Service at the address shown at the end of these Terms. The Company reserves the right to ask the customer for proof of identity and / or a telephone number to confirm that he/she is the person making the request.

The purpose of the data collected is to be able to validate payments and make deliveries in accordance with these General Conditions of Sale.

13/ NULLITY

The possible nullity of a provision of these TSU does not entail the nullity of the TSU as a whole. The provisions which are not canceled retain their full effect. The temporary non-application of one or more provision of the TSU by The Company does not constitute a waiver on all or part of these provisions.

14/ NON-WAIVER

The fact that one of the parties does not invoke a breach of the obligations by the other party, cannot be interpreted for the future as a waiver of the execution of the obligation in question.

15/ APPLICABLE LAW

These TSU are governed by French law. In case of dispute, the User must first contact the COMPANY in order to reach an amicable solution within a month. In the absence of an amicable solution, exclusive jurisdiction is then assigned to the competent courts within the jurisdiction of the Paris Court of Appeal.

16/ CUSTOMER SERVICE

To help you choose the products best suited to your needs and expectations, and generally for any information request, question or order tracking, our Customer Service is at your disposal by email: contact@successfulchineselearning.com

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