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1. Payment and payment conditions 1.1 The cost The cost of our products and services are given in Dollars, all taxes included. All the orders, whatever their origin, are payable in Dollars. goFLUENT International reserves the right to change these prices at any moment. The products are always invoiced based on the current fees at the time of the inscription of the order. The promotional subscription fees apply at the time of the first subscription. 1.2 Payment The services offered by goFLUENT International are subject to charges. The settlement of your purchases is made by bank cards. The bank cards accepted by goFLUENT International are: International MasterCard or Visa. The offered price will be automatically paid by credit card according to the payment procedure outlined during the inscription process. Payment by cheque is not an option. The client agrees to pay the entire fee and the charges pertaining to the product bought, and including the taxes. It is only the client who is responsible for the actual payment of the product bought. 1.3 The safeguarding of payment For all the transactions, goFLUENT appeals to the operator “OGONE”. OGONE is among the leaders in the market of payment services in Europe. This is proof of its experience and of the high credibility of its solutions. In order to increase the safeguarding of the payments, you are asked for the security number at the time of your online purchases on [store-fr.gofluent.com]. The security number, made up of 3 figures, appears on the back of your bank card. 2. Cancellation terms and conditions 2.1 Cancelling a lesson The client can, in the case of an unforeseen circumstance, cancel his/her reservation by respecting the minimum notice of six (6) working hours before the time of the previously foreseen lesson. The cancellation will be done via the online platform, the LMS learner. In the event that the cancellation made does not respect the minimum deadline of 6 hours, the lesson will be considered as a lost lesson and will not be subject to any reimbursement or other compensation. 2.2 Cancellation of the training The client can at any moment ask for the termination of his/her subscription by sending an email to the address [store-fr@gofluent.com]. This cancellation will lead to the deactivation of his/her personal access to the management and lesson reservation platform (LMS learner). The cancellation of the training will not lead to any reimbursement on the part of goFLUENT International. 3. Availability Our offers of products and services as well as our prices are valid as long as they are clearly visible on the site. While a user benefits from the special terms thanks to a partner of goFLUENT International, these cannot be combined with other special terms offered on the site or by another partner of goFLUENT International. 4. Service delivery goFLUENT International promises to contact the client by email at the latest 3 working days after having made the order, so as to give him/her the access codes in order that he/she can use the internet platform. The internet platform will enable him/her to carry out an English level test and to manage his/her training (booking/cancellation of lessons, to access both the training support and the online resources, etc) 5. Confidential information and protection of private life goFLUENT International respects your private life. All the information that we receive regarding you is only recorded and used for well-defined reasons. It is to enable us to improve our relationship with you, for example in order to select the content of your lessons and to send you your own resources suited to your specific needs. goFLUENT International reserves the right to inform its clients by email of any development of its services and or commercial offers. We do not share or sell your confidential information to other companies. As a consequence, in accordance with the law of the 6th of January 1978 addressing computers and personal freedom, the client is entitled to access, modify, and oppose any personal information concerning him/her. You can contact goFLUENT International at any time if you have any questions concerning our policy on confidentiality, by sending an email to [store-fr@gofluent.com]. The client is thus obliged to use the information obtained only for lawful use, in accordance with the current legalization, and to respect the terms and conditions set out or any other indication given as part of the current terms and conditions. 6. The intellectual property rights All the texts, commentaries, works, illustrations and images reproduced on the sites [store-fr.gofluent.com] and gofluent.com are reserved as the copyright as well as the intellectual property rights for everyone and everywhere in the world. For this reason and in accordance with the clauses of the code of intellectual property rights, it only permits its use for private use with the proviso of different arrangements, see more restrictive, the code of the intellectual property rights. The clients are however forbidden, outside of this use, to photocopy, reproduce, distribute, sell, publish, exploit in any other way and to distribute in another format electronically or in any other form the information present on the sites [store-fr@gofluent.com] and gofluent.com. As a consequence, all other use is constituent of counterfeiting and sanctioned as the intellectual property rights, except for prior written authorization from goFLUENT International. Every copy of one or several of the content and services available on the sites [store-fr@gofluent.com] and gofluent.com, in their entirety or not, is subjected to copyright. 7. Guaranties – limited responsibility goFLUENT International cannot guarantee under any circumstance that the services offered will not be subjected to any interruption. The obligation of goFLUENT International’s services is limited to a general obligation. 8. Links goFLUENT International or a third party can establish a link with other sites or source materials. goFLUENT International does not have any way of controlling these sites and its source materials and so cannot guarantee that such sites and external source materials are reliable. goFLUENT International is not responsible for the content to which these sites and source materials give access, and therefore rejects all responsibility and guarantee concerning this content. 9. General arrangements 9.1 Modification and abdication. goFLUENT International reserves the right to modify the selling terms and conditions. goFLUENT International will inform the client of the changes by email and will invite him/her to give his/her agreement on the amendments. 9.2 Transfer. The client cannot give or sell any information given to a third party of which the use is reserved strictly to a personal use. 9.3 Applicable law. The terms and conditions, all the deeds and operations in accordance with these present as well as the rights and obligations of the parties to these present will be governed and interpreted in accordance with the French law, and the parties go by the jurisdiction in France. 9.4 Jurisdiction. If the parties do not manage to settle the litigations concerning the terms and conditions in the following two weeks, after having received the written notification by registered post with acknowledged receipt by one of the parties to the other concerning the aforementioned litigation, the latter will therefore be settled by the competent court of jurisdiction. 9.5 The autonomy of the contract clauses. In the event where one of the arrangements of the terms and conditions would be considered inapplicable by virtue of the current law, (i) this arrangement will be excluded from the terms and conditions, (ii) the rest of the terms and conditions will be interpreted as if the aforementioned arrangement was excluded, (iii) the rest of the terms and conditions will remain applicable. 9.6 The entire agreement. The terms and conditions represent the entire agreement that the client and goFLUENT International have entered into relative to the intended purpose. 9.7 Force majeure. Neither goFLUENT International nor any of the third parties participating in the supply of the service will be held responsible in case of failure or lateness in the execution of their obligations as mentioned in the terms and conditions, resulting from independent causes beyond their control, to the inclusion and without limitation of any case of force majeure, acts of civil or military authority, fires, floods, earthquakes, riots, wars, acts of sabotage, network bugging, electronic file coding errors, software limitations or the inability to obtain telephone services or governmental measures, yet, insofar as, that the concerned parties take all reasonable measures so as to weaken the effects as a result of the situations mentioned above. 9.8 Negotiation basis. The client and goFLUENT International recognize and agree that the exclusion of the guarantee as well as the limitations of responsibility and appeal which appear in the terms and conditions are tangible and make up the basis of the terms and conditions. 9.9 Definitions. “The client” assigns an individual or corporate body who registers and/or subscribes to goFLUENT International in order to acquire some of the available products and services by goFLUENT International on the sites [store- fr.gofluent.com] and gofluent.com. “Personal information relative to a client” lists the client’s name, email address, company name and billing address (in so far as goFLUENT International requires the information). “Information providers” represents the third party supplying the information contained in the goFLUENT International services. “Information” refers to the texts and images. “Price” lists the purchase money of the product and service.
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