TERMS OF USE

Introduction:

Acceptance

Welcome to Ninchanese! Ninchanese is an online Chinese language learning system (hereinafter referred to as “the Site”), operated by Nincha Languages (hereinafter referred to as “the Site Manager”), and headquartered at Plaine Images, 99a boulevard Descat in Tourcoing, France, under the domain name http://app.ninchanese.com, which you can use to discover and improve your knowledge of Mandarin Chinese in an easy and effective way.
Access and use of the website accessible at the following address: app.ninchanese.com and the services offered therein are subject to compliance with these general conditions of use.

Any access to the Site and/or use of the Site supposes the acceptance and respect of all the terms of the present conditions and their unconditional acceptance. They constitute a contract between the Site Manager and you, the Internet user who accesses the Site, whether or not you have previously registered and whether or not you have created an account on the Site (hereinafter referred to as “the User”).

This contract is concluded for an indefinite period of time from the time the User uses the Site.

The Site Manager reserves the right to change the Site and the general conditions of use at any time, or to supplement them with new additional contractual conditions. For this reason, Users are advised to regularly consult the general terms of use in order to refer to the latest version in force.

In the event that the User does not wish to accept all or part of these general terms and conditions, he/she is requested to renounce all use of the Site.

Purpose of the Site

The Site Manager specializes in online language learning.

The Site allows Users to acquire the different notions of a language while having fun.

This innovative method favors the motivation of the User who sees himself progressing in the acquisition of the language.

The Site is aimed at individuals wishing to acquire knowledge of a language and offers free access to part of the language content and a subscription to access all the content offered to discover and improve their knowledge of the language.

Definitions

“Free Service”: refers to the User’s free access to acquire vocabulary and to create a personal account.

“Paid Service”: refers to online language learning services requiring a subscription.

“Site”: refers to the site accessible at http://app.ninchanese.com.

“User”: any person, individual or end consumer, who accesses the Site to benefit from online language learning.

Availability of Services

The Site is available in any location, as long as the minimum technical conditions are met, and in particular in terms of access to the mobile telephone network, Internet network and technical compatibility of the equipment used.

The Site Manager can never be held responsible for the inaccessibility of the Site for technical reasons.

The service offer described is likely to evolve at any time at the initiative of the Site Manager: modification of functionalities, new services or deletion of services.

Conditions of registration and access to the free Service

The User has a personal space after registration on the Site which allows him to benefit from the free Service as well as to access the paying Service under the conditions defined hereafter in Article 6 of the present document.

The free Service may be modified or deleted at any time, without prior notice, by the Site Manager.

In order to validate his registration, the User must accurately fill in all the mandatory fields of the registration form.

Only one account per User is authorized and any attempt at fraud may result in the deletion of his account.

The account may be terminated by the Site Manager at any time and without notice due to fraudulent or illicit use of the services and content of the Site.

Description of the user

The User may terminate his/her registration at any time by following the procedures described on the Site, i.e. by expressly requesting it by email to the following address: support@ninchanese.com

Subscription to the e-learning Service – Payments

Subscription to the paid service

In order to benefit from a wider access to the Site and to access all the language learning content, the User must subscribe to an online subscription for a period of one month, 6 months or one year, at the User’s choice.

The price, payment terms and duration for each subscription are defined in the ordering process.

Orders are placed exclusively on the Internet through the Site.

Validation of the order implies acceptance of these General Terms and Conditions of Sale and Use.

Before making a purchase on the Site, the User must first register on the Site.

For this purpose, they must have a personal account.

All stages of the sale are clearly identified on the Site, in accordance with the provisions of Article 1369-1 of the Civil Code.

In application of these provisions, the User has the possibility to check the details of his order and its total price and to correct possible errors before definitively validating his order.

The order is definitively registered only after validation by the User of their payment agreement and acceptance by the bank of the transaction.

The Site Manager declines all responsibility in the event of non-validation of the order, without any possible recourse on the part of the User.

As soon as the order is registered, the User will receive a confirmation e-mail containing the essential elements of the order and access to the paid Service.

All the data provided by the User during the ordering process and the recorded confirmation of this order are proof of the transaction.

The Site Manager reserves the right to refuse any order from a User with whom there is a dispute relating to the payment of a previous order as long as this dispute has not been resolved.

The subscription is renewed for the same duration as the one chosen initially by tacit renewal, unless the User themself terminates the renewal of the subscription on the Site at least 1 day before the expiry of the initial period or contacts the Site Manager via the Site’s Support service at least 8 days before the expiry of the initial period.

The subscription fee for each renewal is invoiced on the first day of each renewal.

The User undertakes to inform the Site Manager without delay of any change in the information provided at the time of subscription, and in particular any change of e-mail address or means of payment.

Payments

The subscription can be made by credit card or Paypal.

The Site Manager reserves the right to modify its prices at any time but the services will be invoiced on the basis of the rates in force at the time of the registration of orders.

Exclusion of the right of withdrawal

In accordance with Article L.121-21-8 13° of the French Consumer Code, the User acknowledges that by subscribing to the paid Service of the Site, they have had immediate access to the online language learning service, so that the User expressly waives his/her right of withdrawal.

Financial conditions

Prices

The prices of the services provided by the Site Manager are those in effect on the day of the order by the User.

The prices indicated in the electronic acknowledgement of the order are inclusive of all taxes.

The prices are calculated net and without discount.

Terms of payment

The payment of the services of the Site Manager is due by the User at the time of the validation of the order on the Site.

Guarantee

The Site Manager is only bound to the User by an obligation of means and does not provide any guarantee, express or implied, including any guarantee of quality and suitability for a particular purpose of the services provided to the User.

Intellectual property

The presentation and the content of the Site constitute, together, a work protected by the laws in force on intellectual property, of which the Site Manager is the owner.

Any reproduction, in whole or in part, is systematically subject to the authorization of the Site Manager.

Copyrights

The texts, images, drawings and layout as well as the graphic charter are protected by intellectual property law.

It is forbidden to copy, extract, distribute or modify the content of this site for commercial purposes. Downloading and printing of text, images and graphic elements are authorized for private and non-commercial use only. The reproduction of drawings, images, sound documents, video sequences and texts in other electronic or printed publications requires the prior written consent of the Site Manager.

The lack of authorization is sanctioned by the offence of counterfeiting.

Trademarks

The brands and logos appearing on the Site are registered and protected trademarks.

Any total or partial reproduction of the brands and/or logos present on the Site, carried out from elements of the Site without the express authorization of the Site Manager is constitutive of counterfeit sanctioned by the articles L.713-2 and following of the Code of the intellectual property.

Databases

The databases established by the Site Manager are protected by copyright as well as by the law of 1 July 1998 transposing the European directive of 11 March 1996 on the legal protection of databases into the Intellectual Property Code.

Except with the written authorization of the Site Manager, any reproduction, representation, adaptation, translation and/or modification, in part or in full, as well as any substantial qualitative or quantitative extraction towards another Site is prohibited and sanctioned by articles L.343-4 and following of the Intellectual Property Code.

Grant of license of exploitation of copyright and image rights

By putting content online (animations on online social networks) on the Site, the User automatically grants an operating license to the Site Manager on this content for the needs of the management of the Site and this for the whole world and for the duration necessary for the sale offer.

Finally, the User declares that the copyrights thus granted do not infringe the rights of third parties and are not subject to any claim.

The User guarantees the Site Manager against any claim of any nature whatsoever that may arise in respect of the ownership of the rights granted, whether in respect of intellectual property rights, image rights or unfair competition or parasitism, and undertakes to reimburse the Site Manager for any sums he may be ordered to pay in this respect.

Responsibility of the Site Manager

The person in charge of the Site makes its best efforts to ensure the good functioning of the Site and the services appearing there, within the limits of responsibility of the present general conditions.

Access to the Site:

The Site is theoritically accessible 24 hours a day and 7 days a week, however, the person in charge of the Site declines any responsibility, without this list being restrictive:

In case of interruption of the Site for technical maintenance operations or updating of published information.
In case of temporary impossibility of access to the Site (and/or to the Internet sites and applications linked to it) due to technical problems, whatever the origin and source.
In case of unavailability or overloading or any other cause preventing the normal functioning of the cell phone network used to access the Site.
In case of contamination by any computer viruses circulating on the network.
More generally, in the event of direct or indirect damage caused to the User, whatever its nature, resulting from access to or use of the Site (and/or the sites or applications linked to it).
In case of abnormal use or illicit exploitation of the Site.
In case of loss by the User of his login and/or password or in case of usurpation of his identity.

Contents uploaded on line on the Site by the Users

The Site Manager is not at the origin of the creation of the content uploaded on line on the Site by the Users, which are diffused under the exclusive responsibility of the User.

As the Site Manager does not proceed to prior moderation of the content used on line by the Users, the Site Manager cannot be held responsible for any content that would be illicit, contrary to good morals or constituting any infringement of the rights of others, in particular intellectual property rights or the treatment of intellectual property.

The Site Manager cannot be held responsible for exchanges between Users on the Site.

The Site Manager cannot be held responsible for any content appearing on the Site or sent from the Site by any third party.

Thus, with regard to the legal qualifications defined by article 6 of the Law for Confidence in the Digital Economy (LCEN) of 21 June 2004, the Site Manager is qualified as a host for the content put online by Users on the Site.

The Site Manager is therefore not responsible in advance for the content of the Users and does not bear any obligation to monitor this content.

Public content of the Site:

Despite the greatest care taken in the creation and updating of this Site, the Site Manager cannot provide any guarantee, express or tacit, concerning the information contained in the Site of which he is the author.

Consequently, the Site Manager cannot be held responsible for any damage, direct or indirect, resulting from any errors, inaccuracies or omissions in the information contained on the Site.

Force majeure:

The Site Manager cannot be held responsible, or considered to have failed to comply with these general conditions of use, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French courts and tribunals, including the interruption, suspension, reduction or disruption of electricity or other or any interruptions of electronic communications networks or in the event of facts beyond its control.

Intervention of the Site Manager:

The Site Manager reserves the right to modify the terms, conditions and mentions of the present at any time, in particular in the event of technical, legal or jurisprudential evolutions or at the time of the installation of new services.

The User is therefore advised to regularly consult the latest version of the terms of use available on the Site.

Renewed use of the Site as and when these terms of use are modified constitutes acceptance by each User of the general terms of use in force.

Rights and responsibilities of the User

Responsibility:

The use of the Site is made under the sole and entire responsibility of the User.

The User is solely responsible for the information he communicates from the Site, and in particular for the public data concerning him that he shares on social networks from the Site.

In case of abnormal use or illicit exploitation of the Site, the User is solely responsible for damages caused to third parties and for the consequences of any claims or actions that may result.

The User also waives the right to exercise any recourse against the Site Manager in the event of legal action taken by a third party against him/her as a result of the use and/or illicit exploitation of the Site.

The User undertakes, in a general way, to respect all the regulations in force in France.

publish, transmit, share, store or otherwise make available any content that is contrary to public policy, harmful, threatening, illegal, defamatory, unauthorized, abusive, offensive, malicious, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, inciting violence, racial or ethnic hatred or otherwise objectionable;
create multiple accounts or impersonate others;
transmit any material that contains computer viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or electronic communications
publish, transmit, share, store or otherwise make available any content that constitutes or encourages a criminal offense or provides instructions on how to commit a criminal offense, infringes the rights of any third party or is likely to give rise to liability on the part of any third party or violate any local, national or international law.
The User is solely responsible for the content he/she includes in the Site, including any content that may be offensive or illegal or that may infringe the rights of third parties.

Access and security:

It is the responsibility of each User to take all appropriate measures to protect their own data and/or software stored on their mobile or computer equipment against any attack.

The User has the right to ask to consult free of charge their data hosted on the Site and any other information concerning them.

The use of the services of the Site requires the opening of an account involving the supply of an identifier and the choice of a password.

The password is personal and confidential. The User is solely responsible for it. The User agrees not to disclose it to third parties and to take all necessary precautions to prevent third parties from having access to it.

The User undertakes to notify the Site Manager without delay in the event of loss or usurpation of their password.

Failing this, and unless proven otherwise, any connection or transmission of orders or data made by means of the password will be deemed to have come from the User and will be under his exclusive responsibility.

To be taken into account, the User’s complaints must be sent to the following e-mail address: support@ninchanese.com

Personal data of the User:

The Site Manager asks all Users to communicate a certain amount of personal information (surname, first name, e-mail address, telephone number, etc.) in order to be able to identify them or simply to guarantee the uniqueness of their personal access.

In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended, relating to information technology, files and freedoms, the automated processing of personal data from the Site has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL).

The User has at any time the right to oppose, access and rectify data concerning him/her. To do so, he/she just needs to send his/her request by email to support@ninchanese.com

In accordance with article 6, 5° of the modified law n°78-17 of January 6, 1978, the personal data are kept in a form allowing the identification only during a duration which does not exceed the duration necessary to the purposes for which they are collected and treated.

Personal data is only accessible to authorized personnel.

In the personal data collection forms, the User is informed of: the identity of the data controller, his/her rights regarding personal data, the recipients, the purpose of the processing and the mandatory or optional nature of his/her answers.

Hypertext links

The Site Manager specifies that the use of hypertext links may lead the User to other websites or applications, independent of the Site.

The hypertext links established towards other sites or applications from the Site shall not, under any circumstances, incur the liability of the Site Manager.

Similarly, the insertion of hypertext links to all or part of the Site is authorized, on a non-exclusive basis and revocable at any time, without the Site Manager having to provide any justification, and provided that this link cannot create a misleading, false, pejorative or prejudicial character against the Site.

Under this authorization, the Site Manager reserves the right to object.

The Site Manager cannot be held responsible for any direct, indirect or incidental damage resulting from access to or use of information from third party sites.

Confidentiality

The parties undertake to keep strictly confidential the information exchanged and all documents and elements produced within the framework of the execution of the contracts concluded between them.

The User undertakes not to use the data resulting from the services provided by the Site Manager for purposes other than those provided herein.

During and after the execution of the services provided by the Site Manager, the User undertakes not to disclose to third parties, without the Site Manager’s authorization, the methods and tools that are the exclusive property of the Site Manager.

Independence of clauses

If any part of these general conditions of use should be found to be null, invalid or inapplicable for any reason whatsoever, the term or terms in question shall be declared non-existent and the remaining terms shall retain all their force and scope and shall continue to be applicable. The terms declared non-existent would then be replaced by the terms that most closely resemble the content and meaning of the cancelled clause.

Applicable law and jurisdiction

The present general conditions of use are exclusively subject to French law.

In relations between professionals, any dispute arising from the use of the Site shall be submitted to the competent courts of Lille, notwithstanding multiple defendants or warranty claims.

With regard to consumers, any dispute (including before the law) will be the responsibility of the courts designated as competent under Article L.141-5 of the Consumer Code.

The original version of the Terms of Use were written in French. This version is a translation.