Welcome to Learn French With Clémence’s General Terms and Conditions
Last updated: January 04, 2023
Learn French With Clemence LLC – General Terms and Conditions
Please read our Learn French With Clemence General Terms and Conditions (“Terms and Conditions”) carefully. These Terms and Conditions govern your access, use and subscription at www.learnfrenchwithclemence.com, its mobile sites and applications (collectively, the “Site”) as well as the provision and sale of products and services (including but not limited to Learn French With Clemence LLC) and/or its affiliates, as the context may require (“Learn French With Clemence”, “we”, “us” or “our”). By subscribing to Learn French With Clemence LLC, you agree to be unconditionally bound by these Terms and Conditions in the version valid at the time of purchase.
Our Terms and Conditions shall also govern the use of and apply to each and every offer and agreement entered into between Learn French With Clemence and a customer through any of its separate sites that are accessible through the tabs in the Site-header, insofar we have not explicitly deviated from the present Terms and Conditions.
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1.2. If you use this Site on behalf of any business, organization or other entity of any kind, you represent and warrant that you are authorized to accept these Learn French With Clemence Terms on its behalf and to bind such business, organization or entity to these Learn French With Clemence Terms.
1.3. Every offer of a Learn French With Clemence product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Learn French With Clemence Terms.
1.4. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Learn French With Clemence has not specifically rejected them.
1.5. These Learn French With Clemence Terms and Additional Terms are not applicable to orders of a product or a service which are not from Learn French With Clemence directly but from a third party. This can be any of Learn French With Clemence´s affiliates, or a product/service provider we have partnered with. In such cases, the terms you have separately agreed upon with this third party, will apply.
1.6. Learn French With Clemence reserves the right to make changes to this Site and to these Learn French With Clemence Terms at any time without prior notice. You should review these Learn French With Clemence Terms each time you access this Site.
- Your Account
2.1. Before making a purchase on this Site, as well as after completing checkout online or use certain services or features offered on this Site, you have the ability to create an account.
2.2. The customer will at all times be responsible for each and every use of their Learn French With Clemence account. You agree to protect your log-in credentials such as your password and control any access to your account, especially when you have granted another person in your business or household access rights to your account or otherwise permit them to use your account on your behalf. You agree that you will be responsible for all actions that are taken through your Learn French With Clemence account.
- Terms of Sale
All our offers and promotions are without any obligation and subject to availability and confirmation of the purchase. Learn French With Clemence reserves the right to reject any purchase without the obligation to assign any reason. An agreement between you and Learn French With Clemence is subject to our acceptance of the purchase and will be formed when you receive the order confirmation by email.
- Materials for Limited Use
4.1. This Site contains graphics, photographs, images, document layouts, templates, artwork, text, graphics, illustrations, logos, photos, audio, video, music, fonts, blog posts, software tools, trademarks, service marks, stock images and footage from stock providers and other information (“Content”). This Site and all its Content are the intellectual property of Learn French With Clemence or the intellectual property of parties from whom Learn French With Clemence has licensed such property. All rights in this Site and its Content are reserved worldwide.
4.2. It is strictly prohibited to sell, license, rent, modify, retain, copy, reproduce, distribute, publish or use any portion of the Content except as expressly allowed in these Learn French With Clemence Terms.
4.3. Learn French With Clemence reserves the right to add to, delete from, or modify any part of its Content at any time without prior notice. Any modifications to our Content, whether by you or Learn French With Clemence, remain the property of Learn French With Clemence and its licensors.
- Use of our Site and its Content
5.1. You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating and ordering products or services solely through Learn French With Clemence (referred to herein as “Products”), unless such use involving a third party is expressly permitted by applicable law or provided for in these Learn French With Clemence Terms. No other download, retention, use, publication or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Learn French With Clemence does not entitle you to use any portion of our Content apart from the finished Products as they are supplied to you by Learn French With Clemence.
5.2. You agree to use this Site in a responsible manner that is in full compliance with these Learn French With Clemence Terms and with your local laws and regulations.
- Restrictions on Use
6.1. Without limitation, no portion of our Content may be utilized:
a) to sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the rights granted to you under these Learn French With Clemence Terms;
b) in such a manner as to convey or obtain exclusive rights to any Content or part thereof;
c) for any unlawful or discriminatory purpose or use;
d) for any use that we determine, in our sole discretion, to be pornographic, offensive, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, indecent, libelous, invasive, slanderous, hateful, inciting or promoting the hate, harassment or discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease or immigration status or otherwise objectionable;
e) to create, order, publish and/or distribute any Product or other type of information that we determine, in our sole discretion, to contain any content that violates the above Section 6.1.d) or otherwise, in our sole discretion, is materially false, inaccurate or misleading in a way that could deceive or confuse others about important events, topics or circumstances;
f) to violate any person’s right of privacy or publicity;
g) to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity;
h) for any use that would reasonably imply that Learn French With Clemence, the creator of the Content, or the persons or property appearing in the Content (if any), endorses any political, economic, conspiracy or other opinion-based movements or parties;
i) in a way that places any person depicted in the Product in a bad light or they may find offensive, such as: use in pornography or adult content; tobacco ads; ads for adult entertainment clubs or similar venues, including prostitution, escort or similar services, all whether legal or not; political endorsements; or in a way that implies mental or physical illness or impairment; or
j) that in any way, intentionally or unintentionally, violates any applicable local, state, national and international laws, rules and regulations.
6.2. By making a purchase on this Site, you represent and warrant that you have all the necessary permissions, rights and authority to purchase the subscription and you authorize Learn French With Clemence to provide the Products on your behalf.
7.1. Learn French With Clemence will grant access to the Products, provided that all applicable payments have been received in full.
7.2. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available on the Site.
You agree that you shall indemnify Learn French With Clemence and all parties from whom Learn French With Clemence has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Learn French With Clemence Terms; (ii) any suit, claim or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to Learn French With Clemence or incorporated into a Product; (iii) any suit, claim or demand arising from or related to any third-party products and/or services we offer on our Site whether or not used for or in connection with a Product you have ordered on our Site. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.
- Disclaimer of Warranty_
9.1. THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
9.2. You acknowledge that there are risks in using products or services provided by third parties (such as a Learn French With Clemence´ affiliate or one of our partners) through this Site or in connection with our Products, and that Learn French With Clemence cannot and does not guarantee any specific outcomes from such use or interactions, and you hereby assume all such risks, liabilities or harm of any kind arising in connection with or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by this third party, breach of warranty or contract, violation of rights, and any consequent claims.
9.3. Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract ("consumer guarantees"), or only limited in certain circumstances, and nothing in these Learn French With Clemence Terms alter those consumer guarantees if it is illegal for Learn French With Clemence to do so. If those consumer guarantees apply to you, and Learn French With Clemence cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Learn French With Clemence: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Learn French With Clemence to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
9.4. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond Learn French With Clemence's control.
9.5. Learn French With Clemence provides refunds upon review and if met by the terms of this agreement. Refunds are subjects to denial if such instances break this agreement or the terms of the subscription.
9.6. Learn French With Clemence does not give any warranty of fitness for a particular purpose, merchantability or non-infringement of intellectual property rights.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL LEARN FRENCH WITH CLEMENCE OR ITS AFFILIATES, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT LEARN FRENCH WITH CLEMENCE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDERED FROM LEARN FRENCH WITH CLEMENCE, OR ANY PRODUCTS OR SERVICES YOU PURCHASED THROUGH LEARN FRENCH WITH CLEMENCE´S SITE DIRECTLY FROM ITS AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL LEARN FRENCH WITH CLEMENCE BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT, OUR SUPPLIED PRODUCTS OR SERVICES, INCLUDING ANY THIRD-PARTY PRODUCTS OR SERVICES. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
- Site Feedback
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Learn French With Clemence in connection with the operation of this Site including its content or any of our offered and/or supplied Products, shall be provided by the submitter and received by Learn French With Clemence on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Learn French With Clemence. By submitting any such information to Learn French With Clemence, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Learn French With Clemence shall be free to use such information on an unrestricted basis.
You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.
- Governing Law, Jurisdiction and Dispute Resolution
14.1. The party you are contracting with and the seller of the products and services offered and sold on this Site is Learn French With Clemence LLC, a private company with limited liability incorporated under the laws of Florida.
14.2. All issues related to the protection, infringement or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of the State of Florida without giving effect to any choice of conflict of law provision, principle or rule (whether of the State of Florida or any other jurisdiction). You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these Learn French With Clemence Terms.
14.3. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in a state or federal court located in Broward County, Florida. You agree to submit to the jurisdiction of the courts located in Broward County, Florida and agree that venue in these courts is proper in any such legal action or proceeding. You also agree to not assert, in any legal action or proceeding involving Learn French With Clemence, that a court sitting in Broward County, Florida is an inconvenient forum for such legal action or proceeding.
14.4. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law Learn French With Clemence, and Learn French With Clemence's affiliates, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary or punitive damages.
14.5. We recognize that in some countries, you might have legal rights as a consumer. If you are using the Site´s services or order a Product for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
14.6. The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be accessed here: http://ec.europa.eu/odr.
We do not knowingly collect, maintain, disclose, or sell the personal information about users under the age of sixteen (16). If you are under the age of 16, please do not use our Services. If you are under the age of 16 and have used our Services, please contact us at the email address below so that we may delete your personal information.
If you use our Services only for your personal use, you are to be considered as the “User” and for the purpose of the General Data Protection Regulation (“GDPR”) and the UK General Data Protection Regulation (as defined by the UK Data Protection Act 2018 as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019), we are the data controller.
1. Information we collect
1.1. Information collected about Users and how we use it Where you are a User and it is necessary to fulfil our contract with you for the purposes of providing, maintaining, or improving our products and Services (including, to the extent permitted by applicable law, any matters in our legitimate interests with respect to the Services), we will conﬁrm your identity, contact you, provide customer support (including via chat, in the comment section of our blog, or other platforms, where you may reach us), operate your account with us and invoice you. For the aforementioned purposes, we collect information that may contain the following personal data:
Email address and phone number;
Payment and billing information (payment method details, first and last digits of your payment card)
If you have given your consent when registering your account, when subscribing to our newsletter or blog, or shared your email address or other personal data with us to receive any other information (for example, our list of sub-processors), we will process your email address to send you the informative and/or promotional materials, to which you have subscribed to, for example, newsletters, advertisements of our Services and other information about our Services that you have requested. At any point in time you can unsubscribe from receiving the above-mentioned information in our email footers and through your notiﬁcation settings on Learn French With Clémence.
We obtain location information you provide in your profile or your IP address. We use and store information about your location to provide features and to improve and customize the Services, for example, for Learn French With Clémence’s internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; for local content, search results, and recommendations; for delivery and mapping services; and (using non-precise location information) marketing.
When you call our customer support phone line, we may monitor or record the call to ensure the quality of our customer support. If you have a Learn French With Clémence account, we will retain the recording for as long as you have an account. If you do not have an account, we will delete the recording within 12 months or retain it, if it will be needed to resolve disputes between you and us.
By using cookies and similar technology on our website, we may collect data such as
information on your device, your preferences and information filled while visiting our website, your interaction with the website, and other information used for analytical, marketing, and targeting activities (including unique visits, returning visits, length of the session, actions carried out in the webpage).
As it is in our legitimate interests to ensure our network security, give you access to and to improve our Services, we also collect the following technical usage data:
How and when you access your account;
Information about the device and browser you use;
IP address and device data.
2. Sharing personal data with third parties
In order for Learn French With Clémence to provide you with our Services, we work with third parties who perform services on our behalf and with whom we share personal data to support our Services (“Service Providers”).
Information you have provided to us during the use of our Services, including technical usage data, is shared for business purposes in our legitimate interests with third parties who provide hosting and server co-location services as well as data and cyber security services.
Information you have provided to us during the use of our Services may be shared with third-party manufacturing services whom we engage to provide our Services to you.
Your email address and other contact details you have provided to us and your messages to our customer service is shared for business purposes in our legitimate interests with communication, email distribution, and content delivery services as well as customer support
Information regarding your purchases and payments is shared with billing and payment processing services, fraud detection and prevention services, accounting and ﬁnancial advisors,
advisors, so that we can provide our Services to you.
Information regarding your use of our website and other information received from cookies and similar technology is shared with web analytics, session recording, and online marketing services.
If we provide marketing to you, information on your account, purchases and preferences can be shared with marketing services.
Insofar as reasonably necessary to defend our legal rights, we may share your personal data with our legal advisors.
We will only share personal data to Service Providers that have undertaken to comply with obligations set out in applicable data protection laws.
We may share your personal data with our affiliates (companies within our corporate family), in our legitimate interests for business purposes.
In certain circumstances, we are required to share information with third parties to comply with legal requirements or requests, as well as to protect our, or a third party’s, lawful interests. We will also disclose your information to third parties in and outside your country only to the extent allowed by applicable law, including:
to a prospective purchaser or purchaser that acquires all or substantially all of us or our business; to a third party in the event that we sell or buy any business or undergo a merger, in which case we may disclose your information to the prospective buyer of such business; and to a third party if we sell, buy, merge or partner with other companies or businesses, undergo a reorganisation, bankruptcy, or liquidation; or otherwise undertake a business transaction or sell some or all of our assets. In such transactions, your information may be among the transferred assets.
3. Retention periods
We may retain your personal data for as long as you have a Learn French With Clémence account or any of the above mentioned legal bases for personal data processing still exists. For example, if you unsubscribe from our marketing, newsletter, or blog emails, we will stop the
processing of the personal data for such purposes. If you have used our Services without creating a Learn French With Clémence account, we will keep your personal data as long as necessary to comply with our legal obligation to retain information relating to provision of
services, for example, for tax purposes.
After terminating your relationship with us by deleting your Learn French With Clémence account or otherwise ceasing to use our Services, we may continue to store copies of your data as necessary to comply with our legal obligations, to resolve disputes between you and us to prevent fraud and abuse, to enforce our agreements, and/or to protect our legitimate interests (to the extent that we are permitted by the applicable law to continue to store copies to protect our legitimate interests).
4. Data subject's rights
If you are a User located in the European Economic Area or the United Kingdom, in accordance with European Union and United Kingdom data protection regulations, you have certain rights
with respect to your personal data. You have the right to request access to your personal data; in certain circumstances to correct, amend, delete, or restrict the use of your personal data by logging into your Learn French With Clémence account or by reaching us using the contact
information provided below. In addition, you can object to the processing of your personal data in some circumstances (in particular, where we are not required to process your data to meet a contractual or other legal requirement). These rights may be limited, for example, if fulfilling
your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to retain, are permitted by law to retain, or have compelling legitimate interests in retaining (to the extent that applicable law permits us to retain such information based on our legitimate interests).
Furthermore, if you believe that we have unlawfully processed your personal data, you have the right to submit a complaint to the contact information provided below, or to your respective data protection supervisory authority.
5. Information security
We seek to use reasonable organizational, technical, and administrative measures to protect the conﬁdentiality, integrity, and availability of personal data. We encourage you to take care of the personal data in your possession that you process online and set strong passwords for your
Learn French With Clémence account, limit access to your computer and browser by signing out after you have ﬁnished your session, and avoid providing us with any sensitive information.
6. International transfers of data
When we transfer your information globally, we take necessary measures to ensure
appropriate protection of your information, including, as applicable, entering into the European Commission’s Model clauses for the transfer of personal data to third countries (i.e., the standard contractual clauses) and any equivalent clauses issued by the relevant competent
authority of the UK.
8. Contact information
[email protected], or by using the contact details below:
Learn French With Clémence LLC
Address: 5379 Lyons Rd #1544
Coconut Creek, FL 33073-2810
The version of this Policy is effective September 14, 2022.