Preamble
These general terms of use govern all relations between the websites www.7speaking.com, lms.7speaking.com, and user.7speaking.com, hereinafter referred to as “7Speaking Sites”, operated by 7Speaking, whose identity and contact details are specified in the “Legal Notice” section, and the User.
Any User wishing to use the 7Speaking Sites is deemed to have read these general terms of use.
These general terms of use are not terms of sale or terms of service.
Their purpose is to establish the rules that any User visiting the 7Speaking Sites must adhere to.
Users are required to review any updates to these terms with each visit, as 7Speaking reserves the right to modify them at any time.
1 – Definitions
The terms defined below shall have the following meaning between the Parties:
2 – Purpose and Description
The purpose of these terms is to set out the conditions for the use of the 7Speaking Sites and all pages within the 7Speaking Sites.
The 7Speaking Sites allow Users to:
As this is not a commercial website, there are no general terms of sale or details concerning payment security methods.
3 – Date it comes into force – Duration
These general terms of use take effect on the date they are published online and shall be binding from the date of the User’s first use of the 7Speaking Sites.
These general terms of use will remain in force for the entire duration of the use of the 7Speaking Sites and until new terms of use replace them.
The User may discontinue use of the Sites at any time but remains liable for any previous use.
4 – Access to the Site
4.1 General Access
Access to the website www.7speaking.com is free and is generally available 24/7.
7Speaking strives to provide high-quality access and enable Users to use the communication tools provided in the best possible conditions.
Due to the nature and complexity of the Internet, particularly its technical performance and response times for viewing, querying, or transferring data, 7Speaking makes its best efforts, in accordance with industry standards, to ensure access to and use of the 7Speaking Sites. However, 7Speaking cannot guarantee absolute availability or accessibility of the 7Speaking Sites.
Nevertheless, 7Speaking reserves the right, without notice or compensation, to temporarily or permanently shut down the Sites, particularly for updates, maintenance, modifications, or changes to operational methods or servers, without this list being exhaustive.
Unless otherwise specified, 7Speaking shall not be liable for any damages of any kind resulting from these changes, temporary unavailability, or permanent closure of all or part of the 7Speaking Sites or their associated services.
7Speaking reserves the right to add or modify the 7Speaking Sites and the services available on them at any time, in line with technological advancements.
It is the responsibility of the User to ensure that their computer and communication systems can adapt to the evolving 7Speaking Sites.
4.2 Account Creation
Access to certain sections of the 7Speaking portal may require the User to create an account, or 7Speaking may provide a specific access method or credentials to the User.
The User is prohibited from creating an account under someone else’s identity, unless otherwise specified. The User is solely responsible for the confidentiality of their login details (username and password), which allow them to use their account. Any use of the account with the User’s personal login and password is presumed to have been made by the User or an authorised third party, until the account is deactivated.
The User’s login details may be used to access services, including those offered via websites or mobile applications of other entities within the 7Speaking group.
The User agrees to provide accurate information, particularly when creating their account, and to regularly update it via the “My Account” section.
In the event of non-compliance with the general terms of use of the 7Speaking Sites, 7Speaking reserves the right to deactivate the User’s account, without compensation, after giving notice by email or registered letter with acknowledgment of receipt, which remains unheeded for more than 30 days.
In the case of significant and/or blatant breach or fraud by the User, the account will be deactivated immediately, without notice, formality, or compensation.
5 – User Commitments
By using the 7Speaking Sites, Users who join the 7Speaking community commit to the following:
6 – Hyperlinks
7Speaking reserves the right to place hyperlinks on its Site, providing access to web pages other than its own, over which 7Speaking exercises no control.
7Speaking disclaims any responsibility for the conditions of access, operation, use of Users’ personal data, and the content of the information provided on these sites which are accessed via the hyperlinks.
A User who has a personal website and wishes to place a simple link on their site directing to the homepage of the 7Speaking Sites for personal purposes must obtain express permission from 7Speaking to establish this link.
In no case shall this authorisation be considered as an implicit affiliation agreement.
In any event, hyperlinks leading to the Site without 7Speaking’s authorisation must be removed upon the first request by 7Speaking.
7 – Personal Data
In accordance with the Regulations on the protection of personal data, Users are informed that 7Speaking, as the data controller, processes personal data.
The 7Speaking Sites enable the implementation of various data processing activities, based on the following legal grounds: contractual performance, your consent, legal and regulatory obligations, and legitimate interest. The purposes associated with each legal basis are listed in the 7Speaking Privacy Policy. For more information on how personal data is processed and to learn about their rights, Users are invited to consult the 7Speaking Privacy Policy.
8 – Cookies
To allow Users to benefit from the services offered by the Site, such as browsing, optimising its use, or personalising it based on the User, the Site uses cookies. To learn more about our cookie policy, Users are invited to click on this link: https://www.7Speaking.fr/cookies.
9 – Liability of 7Speaking
9.1 General Liability
7Speaking shall not be held liable for the quality of the 7Speaking Sites, which are provided “as it is”.
9.2 Liability for Information on the Site
7Speaking shall not be held responsible for any direct or indirect damage that may result from accessing or using the 7Speaking Sites or the information contained therein, whatever its nature.
7Speaking makes every effort to provide up-to-date information on its Site. All information provided to persons accessing the Site has been selected at a specific point in time.
The information on the Site reflects an opinion at the time of its creation, not at the time of consultation. It may require updating, which may not have occurred at the time of the consultation due to technical or other reasons.
7Speaking shall not be held liable for any errors or omissions. Any update, new service, or new feature that enhances or adds to the existing content will be subject to these terms.
7Speaking disclaims any responsibility regarding the appropriateness of decisions and their implementation by Users based solely on the information published on the Site.
10 – User Obligations
The User agrees to use the Site and all the information accessible through it only for the purpose of obtaining information and in a manner that complies with public order, good morals, and the rights of third parties.
Thus, it is prohibited to post or transmit via the Site any unlawful, harmful, defamatory, pornographic, hateful, racist, or otherwise offensive content. If 7Speaking becomes aware of any unlawful content on the Site, it is entitled to immediately remove such content.
Furthermore, the User agrees not to disrupt the use of the Site by other Users and not to access areas of the 7Speaking Sites that are restricted.
11 – Intellectual Property
The content of the 7Speaking Sites, including the general structure, software, texts, animated or still images, photographs, know-how, and all other elements comprising the Site, is the exclusive property of 7Speaking or third parties that have granted it a licence.
These general terms of use do not grant any transfer of intellectual property rights on the elements belonging to 7Speaking or its partners or third parties who have granted it a licence, such as sounds, photographs, images, literary texts, artistic works, software, trademarks, graphic designs, or logos.
Users are prohibited from modifying, copying, reproducing, downloading, distributing, transmitting, commercially exploiting, or distributing the pages of the 7Speaking Sites, or the computer code of the elements comprising the Site, in any way.
Any reproduction and/or representation, in whole or in part, of any of these rights, without the express permission of 7Speaking, is prohibited and would constitute an infringement that could result in civil and criminal liability for the infringer.
Consequently, the User is prohibited from any actions or acts that could directly or indirectly harm the intellectual property rights of 7Speaking.
This also applies to any databases that may appear on the Site, which are protected under the provisions of the French Intellectual Property Code. Any extraction or reuse, in whole or in part, of these databases and their content is prohibited without the express prior authorisation of 7Speaking.
The distinctive signs of 7Speaking and its partners, such as domain names, trademarks, and names, as well as the logos appearing on the Site, are protected under the French Intellectual Property Code. Any total or partial reproduction of these distinctive signs made from elements of the 7Speaking Sites without the express permission of 7Speaking is therefore prohibited under the Intellectual Property Code.
Only the use in accordance with the intended purpose of the 7Speaking Sites is permitted.
Any other use not expressly authorised in writing and in advance by 7Speaking is prohibited and constitutes an infringement.
12 – Tolerance
The Parties mutually agree that any tolerance by one of the Parties regarding a situation, regardless of its frequency and duration, does not grant the other Party acquired rights, nor does it modify these General Terms of Use.
Furthermore, such tolerance cannot be interpreted as a waiver of the rights in question.
13 – Titles
In the event of any difficulties in interpreting a contradiction between any of the titles preceding the clauses and any of the clauses, the titles shall be deemed non-existent.
14 – Invalidity
If one or more provisions of these general terms of use are found to be invalid or declared as such under a law, regulation, or final decision of a competent court, the other provisions shall retain their full force and scope.
15 – Domiciliation
For the execution of this agreement and unless otherwise specified, the User agrees to send all correspondence to the registered office of 7Speaking.
16 – Governing Law
These general terms of use of the 7Speaking Sites are governed by French law.
This applies to both substantive and procedural rules, regardless of the location of the substantial or ancillary obligations.
17 – Jurisdiction
IN THE EVENT OF A DISPUTE ARISING FROM THE INTERPRETATION OR ENFORCEMENT OF THESE TERMS, THE COMPETENT JURISDICTION SHALL BE DETERMINED IN ACCORDANCE WITH COMMON LAW PROVISIONS.
