TERMS AND CONDITIONS OF USE (CGU)
The purpose of the present general conditions of use (hereinafter “GCU”) is to define the terms and conditions of access to and use of the Platform and the Account – as defined hereinafter, made available by the company SLIMMERSION, a simplified joint stock company, registered in 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 referred to as “SLIMMERSION”), as well as the rights and obligations of any legally capable natural person, consumer or professional, within the meaning of French law, accessing and/or using the Platform, whatever the network or means used (hereinafter referred to as the “User”).
1. Purpose of the Platform
The purpose of the Platform accessible at [complete] (hereinafter the “Platform”) is the purchase and viewing of language immersion experiences (hereinafter the “Experiences”). The User creates an account (hereinafter the “Account”) to purchase and view Experiences.
2. Acceptance of T&Cs
Access to and use of the Platform and/or the Account are subject to the User’s acceptance of and compliance with these GCU. By creating an Account, the User will be presumed to have read these GCU, to have fully understood them and to fully accept all their provisions without restriction or reservation. If the User does not agree with the GCU, he/she must stop using the Platform.
SLIMMERSION reserves the right to modify and update the GCU at any time and without notice. In order to be informed of any modifications, the User must refer to the latest version of the GCU, accessible at any time on the Platform, before using the Platform. Use of the Platform from the Account will be subject to the GCU in force at the time of such use.
In the event that one of the clauses of the GCU becomes null and void as a result of a change in legislation or regulations or is 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 GCU.
3. Account creation and use
The User who wishes to access the Experiences must create an account to enable him/her to enter his/her information, pay for the order, and view the Experiences (hereinafter the “Account”). To create an Account, the User must have a valid e-mail address.
The User can create an account from the home page by clicking on the corresponding tab. The User can also create an account after having selected the Experiences in his basket, to finalize the order. The User is then invited to enter his/her e-mail address and fill in the fields on the form. Once the User clicks on “Save”, their Account is created and they can access it automatically.
The User undertakes to provide and maintain accurate, up-to-date and complete personal information. The User may, at any time, complete and/or modify his/her personal information in his/her Account.
Login details (username and password) are personal. The Account password is also strictly confidential. The User 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 User’s password has been forgotten or stolen, he/she should click on the “Forgot your password?” tab located under the login form. The User will receive an e-mail with a new password.
Under no circumstances shall SLIMMERSION be held responsible for the loss or theft of the Account identification elements or for their fraudulent use. The User is solely responsible for the use of his or her Account by third parties and for any actions or declarations made through it,
4. Platform availability
The Platform, the Account and their contents are accessible 24 hours a day, 7 days a week, subject to the occurrence of a case of force majeure or an event beyond the control of SLIMMERSION and except for interruption, suspension or limitation in the context of maintenance and/or updating operations necessary for the proper functioning of the Platform or for any other reason, in particular technical.
SLIMMERSION is only held to an obligation of means concerning the accessibility, the functioning and/or the availability of the Platform and its contents. SLIMMERSION reserves the right to interrupt, suspend or limit access to all or part of the Platform or its contents.
The User expressly acknowledges that the aforementioned interruptions, suspensions or limitations may occur at any time, without prior notice to the User, and that they shall not give rise to any obligation or compensation for the User.
5. Warranties and liability
SLIMMERSION makes every effort to keep the Platform up to date and to disseminate accurate and reliable information. However, despite all the care and attention given to the drafting of content and information, SLIMMERSION cannot guarantee the integrity, accuracy, completeness, timeliness or other quality of the information disseminated on the Platform.
The information disseminated on the Platform is provided by SLIMMERSION strictly and exclusively for information and guidance, it is not intended to provide, in any way whatsoever, advice or recommendations and should not be interpreted as such.
The User is solely responsible for the proper use, with discernment and spirit, of the Platform. No advice or information, whether oral or written, obtained by the User when using the Platform is likely to create guarantees not expressly provided for in the GCU or to entail the liability of SLIMMERSION in the event of damage, of any nature whatsoever, caused to the User or to third parties as a result of the misuse by the User of the Platform and/or the Account, in breach of the provisions of this article and more generally of non-compliance with the GCU.
The User 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 User’s responsibility to take all appropriate measures to protect his/her own data and/or software stored on his/her computer equipment, as well as the information he/she communicates to SLIMMERSOIN 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 makes no warranties of any kind, including, without limitation, warranties of non-infringement of third party rights, of fitness of the Platform or its contents for any particular purpose, or of adequacy of the Platform to the User’s needs, nor does it warrant that it will be free from defects, errors or bugs or that it will operate without failure or interruption.
To the fullest extent permitted by applicable law, SLIMMERSION expressly excludes liability for any damages, direct or indirect, arising out of or in connection with access to the Platform or any of its contents, their use, malfunction or unavailability, whatever the nature and duration thereof.
6. Hyperlinks
The Platform may contain hypertext links to third-party websites. SLIMMERSION has no control over the content of third-party websites referenced by hypertext links. These websites are published by third-party companies independent of SLIMMERSION. Consequently, SLIMMERSION cannot assume any responsibility as for the contents, advertisements, services or any other information or data, available on or from these sites. Consequently, the User acknowledges that he/she alone is responsible for accessing and using these sites. SLIMMERSION shall not be held liable for any damage or loss, whether actual or alleged, arising out of or in connection with the use of or reliance on any content, goods or services available on these sites.
The User is not authorized to create a hypertext link to the Platform. The creation of links towards the Platform is only possible after prior and express agreement of SLIMMERSION.
7. Intellectual property
The Platform, including its general structure, its contents and the databases it contains, the Experiences, the brands, logos, names and other distinctive signs used on the Platform, are protected by intellectual property rights (in particular copyright, trademark law, patents, designs and models, database producers’ rights, domain names and any other existing or future intellectual or industrial 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 any right on the Platform, the Experiences and its contents to the User, with the exception of a personal right of access, free of charge and non-exclusive, limited exclusively to accessing the Platform, creating and using the Account, and viewing the Experiences.
It is strictly forbidden to represent, reproduce, extract, reuse and/or exploit the Platform, the Experiences or one or more of their contents, in whole or in part, in any form and by any means whatsoever, 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.
8. Proper use of the Platform
The User 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.
- any behaviour likely to interrupt, suspend, slow down or prevent the continuity of access to the Platform and Experiences, 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 .
The following are also strictly prohibited:
Any violation of the present GCU authorizes SLIMMERSION to refuse for the future to the User 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.
9. Duration
The GCU remain in force as long as the User has not deactivated his Account, by clicking on the “Deactivate my Account” button available in his Account.
Any use of the Account by the User not in conformity with the GCU, and more generally in the event of violation of the applicable laws and regulations, SLIMMERSION will be able to suspend or terminate as of right, without prior formal notice, without notice or compensation, all or part of the User’s access to his Account. SLIMMERSION may pronounce this suspension or termination without prejudice to all other rights, actions and remedies it may have for the compensation of any damage it may have suffered as a result of these breaches.
Upon termination of the GCU for any reason whatsoever, the Account will be immediately deactivated.
10. Applicable law and jurisdiction
The GCU will be executed and interpreted in accordance with French law.
The parties declare their intention to seek an amicable solution to any difficulty that may arise concerning the validity, interpretation or execution of the GCU. Within the limits permitted by law, in the event of persistent disagreement, the dispute will be submitted to the competent courts.
11. Contact
For any information concerning the Platform or the GCU, the User is invited to contact SLIMMERSION by email at the following address: [To be completed] or by post, at the address indicated at the top of the GCU.
