General conditions of service

Version effective 2024-09-13.

The purpose of the present general terms of service (hereinafter “GTS”) is to define the terms and conditions applicable to the provision of the Modules offered on the Platform published by SLIMMERSION, a simplified joint stock company, registered with the AVIGNON Trade and Companies Register under number 824 797 211, whose registered office is located at 35 impasse des Muriers 84450 Saint-Saturnin-les-Avignon (hereinafter “SLIMMERSION”),

ARTICLE 1 – DEFINITIONS

In the GCS, capitalized terms and expressions have the meanings indicated below, whether used in the singular or plural.

• Platform: refers to the Platform for purchasing and viewing Language Immersion Modules. The Platform is published by SLIMMERSION and made available to the Customer via the Internet in SaaS.
• Customer: refers to any consumer, natural person, who uses the Platform to purchase Modules;
• Account: refers to the account created by the Customer on the Platform;
• Module: virtual language immersion ;

ARTICLE 2 – ACCEPTANCE OF CGS

The GCS are concluded between SLIMMERSION and the Customer wishing to buy one or several Module(s) on the Platform (hereafter the “Order”). The GCS constitute a contract between SLIMMERSION and the Customer. Any Order of Modules from the Platform is subject to acceptance and compliance with the GCSU by the Customer. Any Customer who places an Order is presumed to have read the GCSU, to have fully understood them and to undertake to comply with their terms, without restriction or reservation.

SLIMMERSION reserves the right to modify the GCS at any time and without notice. In case of modification, the GCS which are applicable to the Customer are those in force at the date of the Order.

In the event that one of the clauses of the GCS should become null and void as a result of a change in legislation or regulations, or be declared as such by a final court decision, this shall in no way affect the validity of and compliance with the other clauses of the GCS.

The General Terms and Conditions are directly accessible on the Platform by clicking on the “General Terms and Conditions of Services” tab in the [complete] section. They can be downloaded free of charge.

ARTICLE 3 – ORDERING

3.1 Account creation

To place an Order and use the Platform, the Customer must create an Account. To create an Account, the Customer must have a valid email address. Customers can create an Account by clicking on the “Register” button on the Site home page.

The Customer is then invited to fill in the information requested on the Account creation form. When the Account is created, the Customer chooses and sets the access codes for access to the Platform, i.e. the Customer’s personal identifier and password (hereinafter the “Access Codes”). Customer Access Codes are personal. The Account password is also strictly confidential. The Customer undertakes to keep it secret and not to divulge it, for any reason whatsoever, in any manner or form whatsoever, to third parties. If the password is forgotten or stolen, the Customer can click on the “Forgot your password?” tab under the login form. The Customer will receive an e-mail with a new password.

Under no circumstances shall SLIMMERSION be held responsible for the loss or theft of Account Access Codes or their fraudulent use. The Customer is solely responsible for the use of his Account by third parties and for any actions or declarations made through it.

3.2. Module selection

The Customer logs into his Account and goes to the Platform. From the Platform, they can choose the Modules they wish to purchase. The Modules are listed by category in the different tabs of the Platform. By clicking on a Module, the customer accesses its description and selects it by clicking on “Add to basket”. The customer can also click on “Add to basket” on the photo of the Module concerned from the general list.

In the top right-hand corner of the page, the Customer can access his/her shopping cart, where all the selected Modules are displayed. The Customer may choose to continue shopping or complete the Order.

3.3. Order completion

Before clicking on the “Order” tab in the shopping basket, the Customer is invited to read the GST carefully by clicking on the corresponding hypertext link. If the Customer accepts them, he/she will tick the box “I have read and accept the General Terms and Conditions of Sale”, thereby acknowledging that he/she has read the General Terms and Conditions of Sale and fully accepts all their provisions, without restriction or reservation.

The Customer can then validate the Order and proceed to payment. This second click marks the validation of the Order.
Finally, the Customer will be invited to make payment in accordance with the method of payment chosen. Payment terms and conditions are detailed in the “Financial Conditions” article below.

An e-mail acknowledging receipt of the Order will be sent to the Customer as soon as possible, to the e-mail address indicated by the Customer. The Customer accepts the use of electronic mail for the transmission of information requested by the Customer concerning the conclusion and/or execution of the GCS.

3.4. Module access

Once the purchase has been finalized, the Customer accesses the Modules from his/her Account on the Platform. Modules are accessible as long as the Customer has an Account on the Platform.

ARTICLE 4 – FINANCIAL CONDITIONS

4.1. Module prices

The price of the Modules is displayed on the Platform in the file relating to each Module. Prices are given in euros, inclusive of all taxes. The total amount due by the Customer for the Order is indicated on the Order validation page. The price of the Order is that in force on the day of the Order.

4.2 Terms of payment

Orders are payable by credit card via the Platform. Carte Bleue, Visa and Mastercard are accepted. Cards with systematic authorization such as Electron or Maestro, e-cards, Indigo cards and American Express are not accepted.

The Customer will be redirected to SLIMMERSION’s personalized payment page, on the website of its partner payment service provider, [complete]. Bank details entered by the customer on this page are encrypted. They are collected and processed solely by the payment service provider, in compliance with the regulations applicable to the protection of personal data. Payment will be made in accordance with the general terms and conditions applicable to the payment service provider’s secure payment service, available on its website.

Should it prove impossible to debit the price, the sale will be immediately cancelled and the Order cancelled.

4.3. Late payment

Any delay in payment will result in the application of a late payment penalty calculated on the basis of an interest rate equal to three (3) times the legal interest rate, without the need for a reminder. A flat-rate indemnity of forty (40) euros for collection costs will also be due.

Under no circumstances may any claim by the customer have the effect of deferring or suspending payment.

ARTICLE 5 – RIGHT OF WITHDRAWAL

In accordance with article L. 221-18 of the French Consumer Code, the Customer has the right to cancel and return the Order in whole or in part, without having to give any reason or pay any penalties, within fourteen (14) calendar days from the day following the date of delivery of the Order.

Nevertheless, in accordance with article L. 221-28 13° of the French Consumer Code, the Customer is hereby informed that the right of withdrawal provided for in article L221-18 of the French Consumer Code may not be exercised for the supply of digital content without material support, the execution of which has begun before the end of the withdrawal period.
The Customer acknowledges that the purchase of a Module entails immediate access to the Module from the Platform, and therefore expressly consents to the contract being executed before expiry of the withdrawal period. He therefore acknowledges that this immediate access entails the loss of his right of withdrawal.

ARTICLE 6 – INTELLECTUAL PROPERTY

The site, the Platform and the Modules (including their architecture and databases), the names, brands and logos of SLIMMERSION present on the Platform, as well as all contents and Modules published by SLIMMERSION on the Platform (the “Protected Elements”) are protected by intellectual property rights (including in particular all copyrights, patent rights, trademarks, designs and models, rights of producers of databases, domain names and any other existing or future intellectual property rights, French and international) and belong to SLIMMERSION or to third parties having authorized SLIMMERSION to use them. SLIMMERSION does not transfer or concede to the Customer any right on the Protected Elements, with the exception of a personal, limited, non-exclusive and non-transferable right of access and use of the Platform within the limits agreed herein and in the general conditions of use.

It is strictly forbidden to represent, reproduce and/or exploit the Protected Elements, in whole or in part, in any form and by any means whatsoever, without the prior written consent of SLIMMERSION. The Customer agrees not to copy, modify, assemble, decompile, alter, sell, rent, lend, broadcast, distribute or transfer the Platform, create derivative works from these works, authorize a third party to commit such acts or allow him to do so, without the prior written consent of SLIMMERSION.

Violation of the foregoing stipulations will expose the offender and any person responsible to the criminal and civil penalties provided by law, including damages for infringement of intellectual property rights.

ARTICLE 7 – PROTECTION OF PERSONAL DATA

SLIMMERSION is concerned about the protection of the Customer’s personal data, and undertakes to protect them in compliance with applicable regulations and in particular Regulation (EU) n°2016/679 of April 27, 2016 known as the “General Data Protection Regulation” or “GDPR” and Law n° 78-17 of January 6, 1978 as amended, known as the “Data Protection Act” as amended. To find out more about the rules governing the protection of personal data, the Customer is invited to consult SLIMMERSION’s Privacy Policy, available at the following address: [hyperlink to privacy policy to be inserted].

ARTICLE 8 – LIABILITY

SLIMMERSION makes its best efforts to keep the Platform up to date and to disseminate accurate and reliable information. However, SLIMMERSION cannot guarantee the integrity, accuracy, completeness, topicality or other quality of the information disseminated on the Platform.

The Customer is solely responsible for using the Platform with discernment and spirit. No advice or information, whether oral or written, obtained by the Customer during the use of the Platform is likely to create guarantees not expressly provided for in the GCS or to entail the responsibility of SLIMMERSION in the event of damage, of any nature whatsoever, caused to the Customer or to third parties as a result of the improper use by the Customer of the Platform in violation of the GCS.

The Customer is hereby informed that access to the Platform implies knowledge and acceptance of the characteristics and limits of the Internet, in particular as regards technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by any viruses circulating on the network. Consequently, it is the Customer’s responsibility to take all appropriate measures to protect his own data and/or software stored on his computer equipment, as well as the information he communicates to SLIMMERSION on the Platform, against any attack.

The Platform is made available “as is” and subject to availability, without any guarantee of any kind, implicit or explicit, on the part of SLIMMERSION. Without limitation of the foregoing, SLIMMERSION does not warrant that the Platform does not infringe the rights of any third party, that the Platform or its contents are fit for any particular purpose or that the Platform is suitable for the Customer’s needs, nor does it warrant that it is free from defects, errors or bugs or that it will operate without breakdown or interruption.

SLIMMERSION is only responsible for direct damages caused to the Customer, consecutive to a proven fault of SLIMMERSION in the fulfillment of its contractual obligations. SLIMMERSION expressly excludes its liability for any damage, indirect, resulting from or in relation with the access to the Platform or to one of its contents, their use, their dysfunction or their unavailability whatever the nature and duration.

ARTICLE 9 – PROPER USE OF THE PLATFORM

The Customer undertakes to use the Platform solely for the purposes for which it was designed. It is strictly forbidden to use the Platform for any other purpose, such as :

• engaging in, aiding or abetting illegal, fraudulent activities or activities that infringe the rights or security of Third Parties;
• undermining public order or violating applicable laws and regulations,
• sending unsolicited emails and/or commercial prospecting or solicitation.

The following are also strictly prohibited:

• any behaviour likely to interrupt, suspend, slow down or prevent the continuity of access to the Platform and Modules, in particular by imposing a disproportionate load on the Platform’s infrastructures,
• any intrusion or attempted intrusion into SLIMMERSION’s systems
• any breach of security and authentication measures,
• any act likely to prejudice the financial, commercial or moral rights and interests of SLIMMERSION.

Any violation of the present GCU authorizes SLIMMERSION to refuse for the future to the Customer author of the considered violation the access to the Services provided on the Platform, as well as to close any Account allowing access to the Services, without prejudice to the indemnities which could be claimed to the author of the aforementioned violation by SLIMMERSION.

ARTICLE 10 – MISCELLANEOUS PROVISIONS

The TOS constitute the entire agreement of the parties with respect to its subject matter and supersede all prior or contemporaneous agreements, oral or written, between the parties with respect to such subject matter.

The GCS are concluded intuitu personae. The rights and obligations resulting therefrom may under no circumstances be assigned or transferred by the Customer, for any reason whatsoever, without the prior written consent of SLIMMERSION. The failure of either party to avail itself, at any given time, of any of the provisions of the GCS, shall not be interpreted in the future as a waiver of the rights it holds hereunder.

ARTICLE 11 – APPLICABLE LAW AND DISPUTE RESOLUTION

The GCS are governed by French law.

The parties declare their intention to seek an amicable solution to any difficulties that may arise concerning the validity, interpretation or execution of the GTS. Within the limits permitted by law, in the event of persistent disagreement, the dispute will be submitted to the competent courts.

Notwithstanding the foregoing, in accordance with articles L. 612-1 et seq. of the French Consumer Code, the consumer customer benefits in any event from the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of any dispute with SLIMMERSION. To do this, the customer may contact to: [To be completed]. Referral to the mediator must be made within a maximum period of one (1) year from the date of the written complaint sent by registered post with acknowledgement of receipt to SLIMMERSION. Complaints may be submitted by post or directly on the mediator’s website.

This translation is provided for convenience only. In case of any discrepancy, the French version shall prevail.