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Terms and Conditions

Terms and Conditions

General Terms and Conditions

 

Last updated: May 20, 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.

 

Additionally, we maintain other terms and policies that supplement these Terms and Conditions as set out below, including our Privacy Policy, which describes how we collect, use and process your personal information.

 

Applicability

1.1. By accessing or using this Site and its related software tools, applications or any other Learn French With Clemence service, you agree to be bound by the terms of our Privacy and Cookie Policy and the following General Terms and Conditions (collectively, the “Learn French With Clemence Terms”) and to any additional terms (such as but not limited to those listed above), policies, guidelines, restrictions or rules that may be posted in connection with specific sections or services of this Site (collectively, the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into the agreement entered into by Learn French With Clemence and you, the customer, at the time you access or use the corresponding section, service or feature, or have otherwise agreed to their applicability. These Learn French With Clemence Terms and any Additional Terms that you have agreed to, make up the entire agreement between us in relation to its subject matter and supersedes all prior agreements, representations and understandings.

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:

  1. 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;
  2. b) in such a manner as to convey or obtain exclusive rights to any Content or part thereof;
  3. c) for any unlawful or discriminatory purpose or use;
  4. 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;
  5. 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;
  6. f) to violate any person’s right of privacy or publicity;
  7. g) to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity;
  8. 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;
  9. 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
  10. 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.

 

Access

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.

 

Indemnification

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.

 

Refund and Cancelation Policy

9.4. Except as set out in this agreement, all sales are final. If you are a resident of the European Union, you have the right to cancel the contract for a purchase of Digital Content from Learn French With Clemence for a refund within a period of 14 days beginning with the day after purchase. Once you have received your refund, you will no longer have the right to access the Content. Please note that once you access or download any Content that you purchase, you no longer have the right to cancel your purchase.

Payment Methods

9.5. The Learn French With Clemence Site accepts credit cards. When a credit card is being used for a purchase, Learn French With Clemence may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Except as otherwise set out herein, billing to your credit card occurs at the time of purchase, or shortly thereafter. The Learn French With Clemence Site accepts the following payment cards: Visa and MasterCard. Depending on the country in which you are making your purchase, the following payment methods may also be available: American Express, Visa Debit, PayPal, iDeal, JCB and Orange. Please note that credit cards have daily spending limits that may prevent the processing of your order. If a transaction has been declined due to credit issues, please ensure all data is correct and resubmit your purchase. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another payment card.

Billing & Payment

9.6. ALL LEARN FRENCH WITH CLEMENCE COURSE SUBSCRIPTIONS WILL, UNLESS WE RECEIVE NOTICE FROM YOU TO THE CONTRARY, RENEW AUTOMATICALLY AT THEIR EXPIRY FOR A ONE YEAR TERM AT THEN CURRENT RATES. If at any point, you do not wish to have your subscription automatically renewed, you may cancel it without penalty before the end of the subscription term.

9.7. If you purchase the Learn French With Clemence course free trial, you will receive free access to the content for the duration of the free trial period. At the end of your free trial period, Learn French With Clemence will charge or debit the payment method provided at the time of your order, and you will be billed per the cycle stated at the time of your order. If you do not want to keep the subscription following the free trial and do not want to incur any charges, to avoid having your payment method charged you must cancel the subscription prior to the end of your trial period. Learn French With Clemence will charge or debit your payment method immediately at the end of the trial period, for the full amount of the subscription plan you have chosen, plus any applicable taxes. You will be sent a confirmation receipt Following the initial payment, unless you cancel your subscription, you will be charged the then-applicable subscription fees and any taxes, using the payment method we have on file for you.

 

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.

Privacy and our Use of Cookies

Learn French With Clemence has set out in its Privacy Policyhow we collect, use, disclose, store and protect the information that you submit to us during the use of our Site. This Privacy Policyapplies to every Site visit, every use of our services, and every transaction and agreement that is concluded through our Site.

Miscellaneous

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.