General Terms of Use

Last updated: 01/06/2025

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ARTICLE 1: PURPOSE

 

The purpose of these "General Terms of Use" is to provide a legal framework for the use of the website upenglish-centrederecherche.fr and its services.

 

This contract is entered into between:

 

The website manager, hereinafter referred to as the "Publisher",

 

Any natural or legal person wishing to access the website and its services, hereinafter referred to as the "User".

 

The General Terms of Use must be accepted by all Users, and their access to the website (at the following URL: http://www.upenglish-centrederecherche.fr) constitutes acceptance of these terms.

 

This Website is published by Universal Pedagogia English School France. Legal information concerning the website host and Publisher, including contact details and any registration information, is provided in the Legal Notices of this Website.

The purpose of this Website is defined as a "Showcase Website and Online Sales Website."

These General Terms and Conditions of Use (hereinafter the "GTC") are offered by the Website Publisher. The Website User is encouraged to read these GTC carefully, print them, and/or save them on a durable medium. The User acknowledges having read the GTC and accepts them in full and without reservation.

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ARTICLE 2: APPLICATION OF THE GTU

 

The purpose of these GTU is to define the conditions of access to the Site by Users. The Publisher reserves the right to modify the GTU at any time by publishing a new version on the Site. The GTU applicable to the User are those in effect on the date of acceptance.

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The Site is freely accessible to all Users. The purchase of a product or service, the creation of a member account, or, more generally, browsing the Site implies acceptance by the User of these GTU in their entirety, and the User thereby acknowledges having fully read them.

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This acceptance may consist, for example, of the User checking the box corresponding to the sentence accepting these T&Cs, for example, stating "I accept the general terms and conditions." Checking this box will be deemed to have the same value as a handwritten signature from the User.

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Acceptance of these Terms of Use implies that Users have the necessary legal capacity to do so. If the User is a minor or does not have this legal capacity, they declare that they have the authorisation of a guardian, curator, or legal representative.

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The Publisher provides the Client with a Privacy Policy on its Website, specifying all information relating to the use of the Client's personal data collected by the Publisher and the Client's rights regarding this personal data. The data privacy policy is part of the Terms of Use. Acceptance of these Terms of Use therefore implies acceptance of the data privacy policy.

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The User acknowledges the evidentiary value of the automatic recording systems of the Publisher of this Site and, unless they provide proof to the contrary, they waive the right to challenge them in the event of a dispute.

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ARTICLE 3: ACCESS AND AVAILABILITY OF THE SITE

 

The User of the upenglish-centrederecherche.fr website has access to the following services (provided they comply with these Terms and Conditions):

 

• Free and unrestricted browsing on the website

• Unlimited purchase of items (mainly books)

• Creation of a customer account (which allows access to order history, account settings, etc.)

• Presentation of services

• Various content and information (studies, research, analyses, articles, etc.)

 

Any User with internet access can access the upenglish-centrederecherche.fr website free of charge and from anywhere. Any costs incurred by the User to access it (internet connection, computer equipment, etc.) are not the responsibility of the Publisher.

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L’Éditeur s’efforce de permettre l’accès au site 24 heures sur 24 et 7 jours sur 7. Le site et ses différents services peuvent être interrompus ou suspendus par l’Éditeur notamment à l’occasion d’une maintenance, sans obligation de préavis ou de justification.

 

The Publisher makes every effort to ensure that the Site is permanently accessible, subject to maintenance operations on the Site or the servers on which it is hosted. In the event that access to the Site is impossible, due to technical problems or any other issues, the User shall not be entitled to any damages or compensation.

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The Site Publisher is bound only by an obligation of means; it shall not be liable for any damages resulting from the use of the Internet, such as data loss, intrusion, viruses, service interruptions, or other causes.

 

The User expressly acknowledges that they use the Site at their own risk and under their sole responsibility.

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The Website provides the User with information for informational purposes only, with imperfections, errors, omissions, inaccuracies, and other ambiguities that may exist. In any event, Universal Pedagogia English School France, owner of the website upenglish-centrederecherche.fr, shall not be held liable under any circumstances:

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• for any direct or indirect damage, particularly with regard to loss of profits, loss of earnings, loss of customers, or loss of data that may result, among other things, from the use of the Website, or, conversely, from the impossibility of using it;

• for any malfunction, unavailability of access, misuse, or improper configuration of the User's computer, or the use of a browser that is not commonly used by the User.

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ARTICLE 4: MEMBER ACCESS

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A User registered on the Site (a member) may access it by logging in using their login details (email address specified during registration and password). The User is solely responsible for protecting the password they have chosen. They are encouraged to use complex passwords. If they forget their password, they may generate a new one. This password guarantees the confidentiality of the information contained in their "My Account" section, and the User is therefore prohibited from transmitting or disclosing it to any third party. Otherwise, the Site Publisher cannot be held responsible for unauthorised access to a User's account.

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The purpose of data collection is to create a "member account." Should the data contained in the member account section disappear due to a technical failure or force majeure, the Site and its Publisher cannot be held liable, as this information has no probative value and is solely informative. The pages relating to member accounts are freely printable by the account holder in question but do not constitute proof; they are solely informative and intended to ensure efficient management of the service or contributions by the User.

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Each User is free to close their account and data on the Site. To do so, they must send a message via the contact form on the website upenglish-centrederecherche.fr (contact form) indicating that they wish to delete their account. No recovery of their data will then be possible.

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The Publisher reserves the exclusive right to delete the account of any User who has violated these Terms of Use. The said deletion will not be likely to constitute damage for the excluded User who will not be able to claim any compensation for this reason. This exclusion does not exclude the possibility for the Publisher to take legal action against the User, when the facts justify it.

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ARTICLE 5: USER RESPONSIBILITY

 

The User is responsible for the risks associated with the use of their login ID and password. The User's password must be kept secret. In the event of password disclosure, the Publisher declines all liability.

 

The User assumes full responsibility for their use of the information and content on the upenglish-centrederecherche.fr website. Any use of the service by the User that directly or indirectly results in damages must be compensated to the website.

 

This Website allows the User to leave a customer review in the dedicated area after purchasing their item. The User undertakes to maintain respectful comments toward Universal Pedagogia English School France and all users of the upenglish-centrederecherche.fr website (customers, members, etc.). The User agrees to comply with the law and accepts that their customer review may be moderated or rejected by the Publisher, without prior justification.

 

By posting a customer review on the site, the User grants the publishing company the non-exclusive and free right to represent, reproduce, adapt, modify, disseminate, and distribute their customer review, directly or through an authorised third party. The Publisher, however, undertakes to cite the member in the event that their customer review is used.

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ARTICLE 6: PUBLISHER'S LIABILITY

 

The Publisher shall not be held liable for any server or network malfunction. Similarly, the website shall not be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.

 

The website upenglish-centrederecherche.fr undertakes to implement all necessary measures to guarantee the security and confidentiality of data. However, it does not provide a guarantee of complete security. The information and/or documents appearing on this website and/or accessible through this website come from sources considered reliable. However, this information and/or documents may contain technical inaccuracies and typographical errors. The Publisher reserves the right to correct them as soon as these errors are brought to its attention.

 

The information and/or documents available on this website are subject to change at any time and may have been updated. In particular, they may have been updated between the time they were downloaded and the time the User becomes aware of them.

 

Use of the information and/or documents available on this site is the sole and entire responsibility of the User, who assumes all consequences that may arise therefrom, without any liability being sought against the Publisher in this regard, and without recourse against the latter.

 

The Publisher shall not be held liable under any circumstances for any damages of any kind resulting from the interpretation or use of the information and/or documents available on this site.

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ARTICLE 7: INTELLECTUAL PROPERTY

 

The contents of the upenglish-centrederecherche.fr website (logos, texts, graphics, photos, videos, audio recordings, etc.) are protected by copyright under the French Intellectual Property Code.

 

In this regard, Article L 122-4 of the French Intellectual Property Code states:

 

"Any representation or reproduction, in whole or in part, made without the consent of the author or their successors in title or assigns is unlawful. The same applies to translation, adaptation, transformation, arrangement, or reproduction by any art or process whatsoever."

 

Thus, any unlawful copy of the website may be subject to prosecution as an infringement, punishable under Articles L 335-2 et seq. of the French Intellectual Property Code.

 

The User must obtain authorisation from the Website Publisher before any reproduction, copy, or publication of this content.

 

The Site Publisher reserves the right to freely moderate or delete content (customer reviews) posted by users at any time, without justification.

 

Any representation, reproduction, or adaptation of logos, textual, pictographic, audio, or video content, without this list being exhaustive, is strictly prohibited and constitutes copyright infringement.

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Any User found guilty of copyright infringement may have their access to the Site removed without notice or compensation, and without this exclusion constituting any damages, without prejudice to possible subsequent legal action against them at the initiative of the Site Publisher.

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The trademarks and logos contained on the Site may be registered by Universal Pedagogia English School France, or possibly by one of its partners. Any person engaged in their representation, reproduction, embedding, distribution, or redistribution is liable to the penalties provided for in Articles L.713-2 et seq. of the French Intellectual Property Code.

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ARTICLE 8: PERSONAL DATA

 

The User must provide personal information to register on the website.

 

The User's email address may be used by the upenglish-centrederecherche.fr website to communicate various information and manage their account.

 

Upenglish-centrederecherche.fr guarantees respect for the User's privacy, in accordance with Law No. 78-17 of 6th January, 1978, relating to information technology, files, and civil liberties.

 

The data collected via the contact form is necessary to respond to requests for information made by the User.

 

Pursuant to Articles 39 and 40 of the Law of January 6, 1978, the User has the right to access, rectify, delete, and object to the processing of their personal data. The User exercises this right via:

 

• Our contact form

• By post: 4 place du Général de Gaulle, 07120 RUOMS, France

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ARTICLE 9 : COOKIES

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A "Cookie" can be used to identify the user of the website, personalise their browsing experience, and speed up the display of the website by saving a data file on their computer.

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The user acknowledges being informed of this practice and authorises the publisher of the website upenglish-centrederecherche.fr, Universal Pedagogia English School France, to use it. The publisher undertakes never to share the content of these "Cookies" with third parties, except in the event of a legal requirement. The upenglish-centrederecherche.fr website may use "Cookies" primarily to:

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1. obtain browsing statistics to improve the user experience,

2. allow access to a member account

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Upenglish-centrederecherche.fr limits its use of cookies to a minimum in order to comply with the CNIL (French Data Protection Authority) and implements the recommendations made by the latter:

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*In order to limit its use to what is strictly necessary to provide the service and thus be exempt from consent in accordance with Article 82 of the French Data Protection Act, these trackers must:

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• have a purpose strictly limited to measuring the website or application's audience (performance measurement, detection of navigation problems, optimisation of technical performance or ergonomics, estimation of the required server power, analysis of content viewed), for the exclusive benefit of the Publisher.

• used to produce anonymous statistical data only.

 

*Text from CNIL.fr, written on 15th September, 2023.

 

The User may refuse the storage of cookies or configure their browser to warn them before accepting cookies. To do this, the User must configure their browser:

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• For Internet Explorer : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies

• For Safari : https://support.apple.com/fr-fr/ht1677

• For Google Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on

• For Firefox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies

• For Opera : http://help.opera.com/Windows/10.20/fr/cookies.html

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ARTICLE 10: HYPERTEXT LINKS

 

The domains to which hyperlinks on the site lead are not the responsibility of the Publisher of upenglish-centrederecherche.fr, who has no control over these links.

 

A third party may create a link to a page of the upenglish-centrederecherche.fr site with the express permission of the Publisher.

 

However, the Publisher reserves the right to request the removal of a link that it deems inconsistent with the purpose of the upenglish-centrederecherche.fr site.

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The Site may include hyperlinks to other sites.

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The User therefore acknowledges that the Publisher shall not be held liable for any damages or losses, whether actual or alleged, resulting from or related to the use of or access to the content, advertisements, products, or services available on these websites or external sources. Similarly, the Publisher of this Website shall not be held liable if the User's visit to one of these websites causes them harm.

 

If, despite the Publisher's efforts, one of the hyperlinks on the Website points to a website or internet source whose content is, or appears to a User to be, non-compliant with the requirements of French law, the User undertakes to immediately contact the Website's publication director, whose contact details are provided in the Website's legal notices, to provide them with the address of the pages of the third-party website in question.

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ARTICLE 11 : CHANGES TO THE GENERAL TERMS AND CONDITIONS OF USE

 

The website upenglish-centrederecherche.fr reserves the right to modify the clauses of these general terms and conditions of use at any time, without justification or notice, in order to adapt them to changes to the website.

 

ARTICLE 12: CONTRACT DURATION

 

The term of this contract is indefinite. The contract is effective for the User from the start of use of the service.

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ARTICLE 13: SEVERABILITY OF CLAUSES

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If any provision of the Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

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The Terms supersede all prior or contemporaneous agreements, whether written or oral. They are not assignable, transferable, or sublicensable by the User.

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A printed version of the Terms and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms. The parties agree that all correspondence relating to these Terms and Conditions must be written in French or English.

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ARTICLE 14: NOTIFICATION AND CLAIM

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Any notification or notice regarding these Terms of Use, the Site Information, or the Privacy Policy must be made in writing and sent by registered or certified mail, or by email to the address indicated in the Site Information, specifying the contact information, first and last name of the notifier, and the subject of the notice.

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Any claim related to the use of the Site, the Services, the Site pages, the Terms of Use, the Site Information, or the Privacy Policy must be filed within 365 days of the date the problem giving rise to the claim arose, regardless of any statute or rule of law to the contrary. If such a claim is not filed within the following 365 days, such claim will be forever inapplicable in court.

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It is possible that, to a limited extent, the Website and the Services offered may contain inaccuracies or errors, or information that conflicts with the Terms of Use, the Legal Notices or the Privacy Policy. Furthermore, unauthorised modifications may be made by third parties to the Website or related websites (quickenglish.fr, etc.).

 

In such a situation, the User may contact the Website Publisher by post or email at the addresses indicated in the Legal Notices if possible with a description of the error and its location (URL), as well as sufficient contact information.

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ARTICLE 15: APPLICABLE LAW AND JURISDICTION

 

Both this website and the terms and conditions of its use are governed by French law, regardless of the place of use. In the event of a dispute, and after the failure of any attempt to find an amicable solution, the French courts shall have exclusive jurisdiction to hear the dispute.

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Unless otherwise provided for by public policy, any disputes that may arise in connection with the execution of these Terms and Conditions may be submitted to the Website Publisher for an amicable settlement before any legal action.

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It is expressly stated that requests for amicable settlement do not suspend the time limits for initiating legal action.

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Unless otherwise provided for by public policy, any legal action relating to the execution of these Terms and Conditions must be submitted to the jurisdiction of the courts of the defendant's place of residence.​​