Terms of use

Preamble to the General Terms and Conditions of Use

Access to the site www.evolingo.com (the “Site”), which is managed by the company ECZOD (the “Company”), and use of the services offered therein are dependent on the internet-user (the “User”) accepting in full the general terms and conditions of use (GTCU) of the Site which are given below.

The User’s acceptance is shown by his electronic signature, realized by his clicking “Confirm” in addition to his providing his address and telephone details. This electronic signature has the force of a written signature between the parties. The transaction indicates that the User has entered willingly and with full knowledge into the agreement and that he has accepted all of the terms and conditions which are given below. The system of automatic registration on the Site is considered as absolute proof of the nature of the agreement and of its date.

The User must declare either: that he is over the age of 18 and has the capacity to fully understand and accept the present GTCU, or that he has been given the permission so to act by a named person with parental authority, by a teacher, or by a guardian if he is a minor or mentally incapable.

The Site reserves the right to exclude any User who does not respect the GTCU and who is shown to have committed a breach of those conditions. This right of exclusion does not exclude the right of the Company to take legal action against infringements.

The GTCU can at any moment, and without previous notice, be changed by the Company.

1. Introduction to the Company and to the Site

The site evolingo, at www.evolingo.com is the domain name and site of the Eczod Company, whose details are as follows:

SARL Eczod, company with responsibility limited to €10,000, registered with RCS Angers (B 492 821 228) and with its head office at 10, Place de la Dauversière 49000 Angers – Tel: 02 53 91 68 13 (Monday to Friday from 9.00 a.m. to 1 p.m.).

The Site is open 24 hours a day, seven days a week. Access to the Site is free. The Company reserves the right to modify, suspend or interrupt the Site, temporarily or permanently, at any given moment.

The Site is intended to put at the disposition of its Users a tool for progressing in english in the form of episodes (one episode each day) in the life of the Lacoste family. This consists of an entirely fictitious story, created specifically for the Site. The Site is intended for general public use.

Access to the Site is free.

2. Obligations incumbent on the User

The site is free to enter: each User has access to the basic elements of the Site which provide him with essential information on the story, the courses, the audio recordings, the pictures etc.

By connecting, the User acknowledges that he is fully authorized to so connect, especially if he is connecting from a place of work or during professional hours.

The User undertakes to respect the rights of Third Parties (especially the rights of intellectual property, rights to images, and rights to respect for private life). They undertake in particular to respect intellectual property rights protecting the entirety of the resources (the story, the course, the audio recordings, the images, the graphics, the corrections, etc.) distributed on the Site.

The User undertakes to retain the rights which he has to the use of the Site solely for private purposes, for his own use only. In addition, he is not permitted to reproduce, publish, circulate, store, distribute, duplicate, or resell material which he has obtained from the Site. Such infringements would expose him to legal action.

No reproduction, even partial, other than those covered by Article L 122-5 of the Code of Intellectual Property Rights, can be made from the Site without the prior and express authorization of the Company.

The User is not permitted to bring actions for compensation against the Company in respect of harm arising from the actions of himself or of a Third Party.

The User agrees to indemnify the Company and exonerate the Company from all responsibility for damages, claims, obligations and costs (including the fees of advocates) arising from a wrongful use of the Site and the teaching resources which are provided on it.

3. Collection of personal information

Prior to any purchase, the User must identify himself with his email address and by choosing a password. In this way a personal account is created for him. This account allows him to manage his relations with the Site. In order to be able to use his account, the User must fill in a form designed to complete his profile. In particular, he must give his surname, first name, email address and telephone number. All this information must be genuine. The User agrees to keep his personal details up to date. The Company reserves the right to suspend or cancel the account of any User who does not respect this obligation.

The User must take every necessary precaution to ensure that the password allowing access to his account remains confidential. In case of any fraudulent use of his account, he must inform the Company immediately. The User remains responsible for all actions carried out under his name and with his password.

Conforming to the Law, the Site has made a declaration about its automatic use of personal data in accordance with the National Commission on Information and Liberty (declaration CNIL no. 1041777).

The Site protects all information and the User gives permission for the use of his personal information and data gathered in the context of his enrollment. Conforming to articles 39 and 40 of the Law referred to as “Information and Liberty” of the 6th of January 1978, with modifications, the User is entitled at all times to the right of access and amendment. To do this he must (i) connect to his account and click on “modify my profile”; (ii) contact Customer Service on the Site by clicking on the link “Contact Us”.

The Site undertakes to respect the private life of its Users. It is not permitted to use the personal information which it receives in any way other than for the improvement of the Site and the services it offers.

In the context of the search for ways to improve the Site and its services, it is agreed that the Eczod Company reserves the right to feature on its site the identity of the writers (surname, first name, or pseudonym) together with their scholastic level, or, if need be, their professional history, where it is justifiable to put this information at the services of the students.

The other personal information given by Users will not in any circumstances be transmitted to Third Parties without the express consent of the Users.

However, in any case in which the Company has reason to believe that a User has infringed the rights to intellectual property of a Third Party, in whatever fashion this has been done, the Company can pass the contact details of the User to this Third Party. In the same way, contact details including addresses and telephone numbers may be passed for legal and/or judicial reasons at the demand of those authorities entitled to ask for such information in accordance with the law.

In order to allow for excellent functioning the Site collects information, amongst others, on the subjects of IP addresses and cookies. This information is for the purpose of allowing an eventual adaptation of the Site and the services offered for the benefit of all Users, as well as making the Site more user-friendly.

4. Guarantees

The Site has been designed with the greatest possible care by the Company, who have the exclusive right to their information base. In providing the benefits which it proposes, the Company is subject to limited responsibility.

The Company is not responsible for any damages that occur due to the confidence which a User may have afforded to the responses represented in the corrections provided.

In general, apart from any contrary arrangement imposed by the applicable Law, the Company provides no guarantee, either explicit or implicit, other than those described here in these GCTU. The Company excludes in particular any guarantee as to the comprehensiveness of the information provided, the quality of the teaching resources, or their adaptation to a specific need.

5. Security

The company has taken every possible precaution to protect its systems against theft and/ or against all forms of irregular use of its materials. To this end, the Company has put into operation technical measures and state-of-the-art technical operations.

6. Responsibility

The Company takes the greatest possible care over the quality of its materials. However, it does not accept any responsibility in the following cases, and this is not to be understood in any limiting sense:

- any partial, total, temporary, or long-term, interruption to the functioning of the Site,
- the downloading onto the Site of a file which damages the informative material of the User or results in the theft of the materials.

Moreover, and in a general sense, no guarantee, of whatever nature, is granted by the Company concerning the condition, the character, the availability, the correctness, the reliability and/or the absence of pirating of the contents of the Site.

In a general sense, the User relieves the Company of all responsibility and guarantees the Company against any charges that might subsequently be brought against it resulting from the use of the Site.

The Company and its technical providers shall not be held responsible for faulty navigation of the Site. They reject all responsibility for technical difficulties which the User might encounter on the Site, whether these are the cause or the origin, particularly in the case of the occurrence of “viruses”, of damage to the integrity of the material crossing between communication networks, of the failure of a terminal’s capacity to restore the information or of transmission or transfer of material affected by normal delays.

7. Intellectual Property Rights

The content of the Site is protected by national and international laws and regulations on the rights of the author and copyright.

All the intellectual property rights pertaining to the Site (in particular the rights to the texts, the images, the layout, the graphics, the structure, the listening elements) belong to the Company, to its clients and/or advertisers, without any fixed limits. Any infringement of the intellectual property rights of these persons will give rise to legal proceedings.

8. Disputes and litigation

The foregoing General Terms and Conditions of Use (GTCU) are regulated by French law.

Any claims arising from use of the Site can be sent to the following address: contact@eczod.com, within 48 hours, after which time the claim will be declared null and void.

The cancellation of any of the provisions of the GTCU does not imply the cancellation of the whole document. All cancelled provisions can be brought back into force in an unchanged format.

The parties agree that any disputes that may arise from the present contract, failing an amicable settlement, will be subject to the jurisdiction of the Angers Court of Appeal.