Lingoo General Terms of Use
The site www.lingoo.eu (hereinafter referred to as the 'Site') is operated by SARL ANGLO FRENCH MEDIA (hereinafter referred to as 'LINGOO'), with capital of €3,000 86 Boulevard de Belgique - 78110 Le Vésinet FRANCE Intracommunity VAT no. FR89451693071 VERSAILLES Companies Register (RC) no. B 451 693 071 |
The Site's Director of Publication is Mrs Anne Goldstein, whose contact details are shown in article 6.1 of this agreement.
The Site is hosted by the company WICONCEPT, 7 Quai de la rive 42400 - Saint-Chamond – France tel / fax :+33(0)4.77.83.56.62
Artistic credits: Pene Parker - http://www.peneparker.com - T: + 44 (0)208 941 06 34 - pene@peneparker.com.
The purpose of these General Terms of Use is to set out in full the conditions for access to and use of the Site.
The term 'Users' in this agreement refers to any natural person or legal entity connecting to and navigating through the Site.
Access to and use of the Site implies tacit and unreserved acceptance of these terms by the User in their latest online version.
1. DESCRIPTION OF LINGOO SITE AND SERVICES
1. LINGOO uses the Site to provide information related to the organisation of language study holidays and services and presentation and communications tools aimed at families who wish to organise language study holidays for their children either as an exchange or on the basis of a paid holiday.
2. Under these conditions LINGOO uses the Site to offer:
• free access to:
- themed content related to the organisation of language study holidays;
- a directory of professional providers working in the area of language learning;
- profiles of families looking for a host or exchange family as part of a language study holiday and families offering hosting services, except for personal details which would allow the families concerned to be identified and contacted and personal photographs, unless these have been expressly authorised by the people concerned.
• paid access, subject to a mandatory prior subscription to LINGOO Services, to the following functionalities:
- the creation of a LINGOO Subscriber Account as a 'Search' or 'Host' Family Subscriber;
- the publication of offers as a 'Search Family' or 'Host Family' Subscriber;
- contact with other subscribers in order to organise a possible language study holiday with them.
3. The LINGOO Site and Services are therefore aimed exclusively at families wishing to:
- find out more about organising language study holidays between individuals;
- organise a language study holiday based on an exchange with a partner family;
- organise a paid language study holiday for their child with a host family;
- be listed on the Site as a paid host family.
4. Subscriptions to LINGOO Services are paid and are subject to acceptance of the LINGOO General Terms of Service, which set out in detail the conditions for access to and use of LINGOO Services.
Under these conditions the Site allows Users to take out and pay for a subscription to LINGOO Services, either through the PayPal Service or by bank transfer.
5. For any questions regarding the activities and services offered for sale by LINGOO, Users should contact LINGOO using the details shown in article 6.1 of these Terms of Use.
2. ACCESS AND AVAILABILITY
Access to the Site is free and made available on a continuous and permanent basis, except in instances of force majeure or events outside LINGOO's control, and subject to any breakdown or technical maintenance and upgrade work required for the proper functioning of the Site.
In order to ensure a high quality service, LINGOO reserves the right to periods for maintenance, upgrades or technical interventions that may entail access to the Site being interrupted.
Furthermore, as a result of the inherent nature of the Internet, LINGOO cannot guarantee operation of the Site 24/7.
3. LIABILITY
1. LINGOO makes very effort to offer Users of the Site the most reliable and high-quality information possible.
The provision of accessible content in the LINGOO directory and in the offers posted by LINGOO Subscribers on the Site nonetheless relies primarily on the contributions of the Advertisers and Subscribers concerned.
LINGOO therefore offers no guarantee as to the accuracy, topicality or completeness of the information published on the Site, in particularly in Subscriber offers and in sections dedicated to Advertisers listed in the LINGOO directory, nor the appropriateness of said information for the use the User wishes to make of it.
As a consequence, the User acknowledges that it accepts full responsibility for its use of this information.
LINGOO may therefore not be held liable for any direct or indirect harm suffered by Users or by third parties originating from information published on the Site and, in more general terms, from viewing and using the Site.
2. LINGOO does not monitor in any way sites linked to the Site via hypertext links, and in particular those of Advertisers listed in the LINGOO Directory, and accepts no responsibility in respect of these sites and the content found therein.
4. INTELLECTUAL PROPERTY
1. All data of any nature whatsoever, and in particular texts, questionnaires, graphics, logos, icons, images, audio or video clips, trademarks and software appearing on the site are of necessity protected by copyright, trademark rights and other intellectual property rights and belong to LINGOO or to third parties who have authorised LINGOO to use them.
LINGOO grants the User a private, individual and non-exclusive right to use said content.
The User undertakes to use LINGOO Services faithfully and honestly, in accordance with their intended use and solely for their own requirements and undertakes not to trade in them with third parties.
The User therefore undertakes not to reproduce, summarise, modify, alter or re-disseminate any or all of the content referred to in this article without prior express authorisation from LINGOO, failing which it may incur civil and criminal liability.
2. The Site as a whole, all of the offers listed on the Site, and the means by which they are accessed constitute the Site Databases.
These Databases are the exclusive property of LINGOO and are protected by the provisions of the French Intellectual Property Code in respect of copyright and by the law of 1 July 1998 transposing the European Directive of 11 March 1996 on the legal protection of Databases.
Under these conditions, the User undertakes to use these data strictly within the context of LINGOO Services and this contract and undertakes in particular not to reproduce, translate, adapt, arrange, convert, communicate, represent or distribute, whether permanently or temporarily, by any means and in any form whatsoever all or part of the data contained in these databases, other than in the cases set out in paragraph 4.1 of this article.
3. LINGOO is a registered European Community trademark, over which LINGOO holds exclusive usage rights notably in the areas of cultural activities and education.
The User undertakes not to infringe the LINGOO trademark in any way whatsoever, nor to make any use of it whatsoever without authorisation from LINGOO.
4. Any creation of a hypertext link from an Internet site to the Site must be granted express prior authorisation from LINGOO.
5. CONFIDENTIALITY AND PERSONAL DATA
1. In accordance with the provisions of the French data protection act no. 78-17 of 6 January 1978 and the decision of the CNIL (Commission Nationale Informatique et Liberté
– the French Data Protection Commission) of 10 July 2006 to remove the obligation to register an Internet site in favour of the procedure of registering the data processing associated with said site, LINGOO has registered its file of clients/prospects with the CNIL.
2. In accordance with the provisions of the act of 6 January 1978, Users have the right to access data concerning them and to amend, correct and delete said data.
In order to exercise this right they should send a letter or e-mail to the contact details shown in article 6.1 of this agreement.
3. Personal data relating to Users, collected via forms, and any future information, are intended for the exclusive use of LINGOO, in respect of the provision of services offered to Users of the Site, and will not be communicated or transferred to third parties other than to providers of technical services who may be in charge of managing the site and who are obliged to respect the confidentiality of information and use it solely for the clearly defined task they are carrying out.
4. Users' data will also be used to improve and personalise communication with the latter, in particular through any newsletters to which they may have subscribed.
5. LINGOO stores Users' personal data on its own servers and undertakes to maintain strict confidentiality in respect of the personal data collected.
6. MISCELLANEOUS
1. LINGOO is at Users' disposal for any information or questions:
• preferably by e-mail: contact@lingoo.eu
• by Fax: +33 (0)1 30 53 46 83
• by post at the following address:
ANGLO FRENCH MEDIA
LINGOO
86 Boulevard de Belgique
78110 Le Vésinet
France
No requests will be accepted or dealt with over the phone.
2. These terms express the obligations of both LINGOO and the User in their entirety.
LINGOO reserves the right to amend the terms of this agreement unilaterally.
New clauses will govern all future relationships between the parties, and only the new version shall be taken as authoritative; the applicable terms are always those accessible online on the Site.
3. In the event that one of the provisions of these terms be deemed null and void by virtue of a statutory or regulatory provision either now or in the future or by virtue of a judicial decision constituting res judicata and issued by a competent jurisdiction or organisation, this provision in the contract would be considered as never having been written, with the remaining provisions of this agreement remaining binding on both parties.
4. These terms are governed by French law in respect of both substantive and procedural rules.
Any dispute arising from the performance or interpretation of the provisions of this contract shall oblige the parties to meet and attempt to find an amicable solution to their dispute, prior to it being referred to the competent jurisdiction.
FAILING THIS, THE FRENCH COURTS SHALL HAVE SOLE JURISDICTION TO JUDGE THIS DISPUTE.


