The general terms and conditions of use

The general terms and conditions of use

The following terms and conditions of use are a translation from French to English for your convenience.

The French version is the official and legally binding version of the general terms and conditions of use.

The following Terms and Conditions aim to qualify the rights and duties of both parties with regards to the language courses offered by My French Course.

Definitions

The words starting with a capital letters have the following meaning:

Student : anyone buying for oneself or for a Third party a course of French for foreigners or for francophones. The Student is someone physically and morally able to buy a course or a company buying a course for one or more of its employee(s).

Courses : courses offered and sold by My French Course

Parties : qualify both the Student and My French Course

Site : means the website  www.myfrenchcourse.com

Article 1 : Terms and Conditions Field of application

A student’s registration and enrollment for courses will serve as a binding agreement to follow the course to completion and to pay the full fees. Enrollment implies acceptance of the terms and conditions and agreement to abide by them. By signing an estimate, a contract or by clicking on “Validate” in case of online registration, you fully agree to the Terms and Conditions. Clicking on "Validate" serves as an online signature.

The student must be at least 18 years old to enroll in a course, and in full moral and physical capacity to sign a contract.

If the student refuses to abide by the Terms and Conditions of the website, he/she will have to stop using the Site.

My French Course has the right to change the Site and the Terms and Conditions at any moment without prior notification. The Terms and Conditions which are implemented for the Student, are the ones he/she agreed on at the time of his/her registration.

Article 2 : Creating your account/ Sending proof of entitlement

Any user of the Site can create his/her account by filling the form provided. The student must give complete information to allow the teacher to contact him/her.

It is the Student’s responsibility to give accurate information. Any false information that could result in the courses not being adapted to the student's wishes will be the student's sole responsability.

The Student can connect to his/her account by using a username and a password. The Student must not give his/her username or password to any third party.

Article 3 : Booking and registration

Prior to any enrollment, the Student will contact My French Course and receive a level test. Once the level test is done, the Student will receive an estimate/a contract. The Student will send back or email back the estimate/contract signed with the phrase “Bon pour accord”. If the course is paid by the Student’s company, My French Course will also send a corporate training contract.

In order to complete his/her registration the Student must send proof of identity (passport...). Additional documentation may be requested (proof of residency, adress, etc...). The enrollment will only be completed once all needed documents are collected My French Course. If the Student fails to send the required documents, the Student is solely responsible for the delay in his/her course starting date.

My French Course is free to refuse any enrollment, in particular if all the courses are already fully booked or if there is no teacher available. In this case, the Student will be informed before payment is due. If payment has already been made, the Student will be fully reimbursed.

An acknowledgement of receipt will be send to The Student after the course has been bought. Any claim about the acknowledgement of receipt must be made within 48 hours before the start of the course at the address: contact@myfrenchcourse.com

My French Course is not responsible for any mistakes made by the Student during his/her account creation which could result in the impossibility for his/her class to take place.

The course will start 14 days after the signature of the contract. During this period, the Student can withdraw his/her enrollment by sending a letter with acknowledgment of receipt to the following address : 38 rue sartoris, 92 250 La Garenne-Colombes.

Except for the case stated above, no refund will be given for total or partial cancelation except under exceptional circumstances (as defined in article 11).

If you want to cancel your registration before your arrival in France, you must send us a letter at least one month before the beginning of the classes. In this case the money paid to the My French Course will be refunded except from 200 euros of administrative expenses. If we receive your cancellation after this date, there will be no possible refund.

If your visa is denied by the French embassy, you have to send us the original of your registration certificate AND the original of the denial letter given by the embassy, at least one month before the beginning of your classes. An amount of 200€ will be detained for administrative expenses.

My French Course will not refund students who have started a session, even if they must leave during this period. The money paid for the next session can be refunded, only in case of a serious disease confirmed by a medical certificate.

Article 4 : Unvailibilty of the Student/ Cancelation policy

If the Student is unavailable or can’t be present at one of the classes, he/she must inform My French Class at least 48 hours (= 2 business days) prior to the class. The Student will then be able to reschedule his/her class according to the teacher’s availabilities. The end date of the training cannot be postponed by more than two months. Group courses cannot be postponed and will not be refunded.

If the Student fails to respect the 48 hours cancelation policy, the Course will not be rescheduled and will be lost. The Student will be fully charged for the Course except in exceptional circumstances (as defined in article 11).

If the Student is absent for a period exceeding 30 days, his/her spot in the Course can no longer be guaranteed. The Student will contact My French Course as soon as he/she is again available for the Course.

In case of an anticipated cancellation of the contrat by the Student, the hours already used must be paid in full. As a compensation, the Student must also pay the rest of the scheduled hours except in case of exceptional circumstances.

In case of the cancellation by the student within 10 days before the start of the training, My French Course will deduct from the total cost a percentage of 50 % in compensation.

In the case that the cancellation is caused by the teacher or by My French Course, only the hours already used will be invoiced. The remaining unused hours will be reimbursed if they have already been paid.

Article 5 : Teacher unvailibilty

In case of cancelation of a scheduled class by the teacher (sick leave, vacation), My French Course will email the Student as soon as possible, to reschedule a new class with the same teacher or with a different teacher.

The Student is free to accept to delay his/her class or to get a new teacher, or can refuse and terminate the contract. In the latter case, the Student will be reimbursed for all the scheduled hours that didn’t take place, if the Student already paid for them.

Article 6 : Changing from teacher

If the Student wants to change teachers for any personal reasons, My French Course will do its best to give the Student satisfaction but cannot guarantee that the change will occur.

Article 7 : Solicitation of staff

The Student agrees not to solicit our teachers for a course of training which would exclude any cooperation My French Course.

Article 8 : My French Course online level test

The Student can give his/her opinion about the Course on the Site. All the comments must abide by the following rules:

The Student must respect the rights of the third parties, the right to privacy, intellectual and industrial property.

The Student must only leave comments that respect both public order and common decency.

The Student must not post any material that is knowingly false or misleading, defamatory, illegal, abusive, harassing, liable to incite racial hatred, blasphemous, discriminatory, pornographic, sexually oriented, threatening, or invasive of anyone’s privacy. This list cannot be considered as exhaustive.

As soon as the Student is aware of any such content on the Site, the Student must inform My French Course at myfrenchcourse@gmail.com.

If the Student does not respect these rules, in particular by posting material that could lead to civil, professional or criminal liability, My French Course reserves the right to close the Student’s account without any prior warning nor compensation. In such cases, My French Course reserves the right to take legal action against the User.

The Student commits not to take any legal action against My French Course for any material posted by the Student himself. The Student commits to compensate My French Course for any fees, notably legal, that My French Course may have to pay due to any material posted by the Student or due to the non-respect of the Terms and Conditions by the Student.

Article 9 : Price

9.1 Buying class hours

The class price is mentioned in euros, without tax included (HT) and with tax included (TTC), when required. The Student can pay for one hour or several hours. As mentioned on the Site, the prices are on a sliding scale. Prices cannot change once the Student has paid for his/her Course, but if a new tax should be created or if a tax should change, any tax raise or cut could modify the price of the class.

9.2 Buying a package

My French Course offers workshop and training course packages. Each package contains a certain number of hours. You can find more about the packages contents and prices on the Site.

9.3 Payment

The Student can pay in cash, with a bank transfer or a check. The payment must be made in euros.

The first 30% of the total sum is due on the 10th day after the signature of the contract. The other payments and their due dates will be mentioned in the contract.

The  payment receipt and the bill will be emailed to the Student.

9.4 Subrogation

In case of subrogation of the payment between the Student and any third party, the bills will be sent to the third party.

If My French Course does not receive written garantee of payment (promisory note) by the third party prior to the Course starting date, My French Course reserves the right to charge the Student for his/her training costs.

My French Course will send the certificate of presence to the third party paying for the training.

In any case, the Student must pay My French Course the rest of the fees if the third party does not pay for the totality of the fees.

My French Course will send the Student all the bills for the fees paid by the Student himself/herself.

In case of a change in the agreement made by the Student and the third party, the Student must is under the obligation to pay for the training.

9.5 Late payment penalties

The late payment penalties will start after formal notice through a certified letter with a return receipt. The late payment fee is equal to at least 10% of the statutory interest rate.

Article 10 : Liability limits

My French Course is responsible for the correctness of content published on its website.

Nevertheless, the Student's success is dependent on his/her commitment and his/her personal work.   My French Course cannot be held responsible if the Student feels like he/she is not improving.

My French Course cannot accept liability in the case of a non-compliance or misperformance of the contract due to any exceptional circumstance, or due to the responsibility of the Student or a Third Party.

My French Course cannot be held responsible of any unforeseen or indirect damage.

In any case, my French Course is responsibility toward the Student is limited to the compensation for any proved direct damage to the Student, and to the total amount paid by the Student for the service.

Article 11 : Exceptional Circumstances

None of the parties will be held responsible under exceptional circumstances (recognized as such by the French law, in particular acts of terrorism or strikes).  Any fact or context unforeseen, unavoidable, independent from the control of any of the parties, will be considered as an exceptional circumstance. If the unused hours have already been paid, the Student will be reimbursed.

Article 12 : Training places

The training will take place in the places mentioned to the Student : at work, at the Student’s home or in a public place : café etc...

If the training takes place in a café or in any public place, where it is compulsory to have a drink, The Student must pay for his/her drink as well as the teacher's.

The intern/Student must sign the attendance sheet.

Article 13 : Insurance

The Student must subscribe to public liability insurance during the whole duration of the Course. This insurance must covered any corporal, material, immaterial, direct and indirect damages made by the Student. The Student must subscribe to an insurance, naming My French Course as a policyholder protecting My French Course, for any damage caused by the Student. This insurance must include a lawsuit renunciation provision as that My French Course cannot be sued.

 Article 14 : Withdrawal right

The booking of the classes being online, the Student is entitled to a right of withdrawal. A withdrawal form can be found on the Site and must be sent to contact@myfrenchcourse.com within fourteen (14) days of the booking.

My French Course will reimburse the Student via a bank transfer within fourteen (14) days after the receipt of the withdrawal form by My French Course.

The Student should know that when booking a Course that begins within the 14 day withdrawal period, he/she gives up his/her withdrawal right, in compliance with the article L 121 21 8 1 of the Consumer Code.

 Article 15 : Personal data

The Student's personal data is collected by My French Course in order to get identification and to provide the Student with the best service possible. Under the law of the 6th of January 1978 dealing with the IT, files and liberties, the data is processed in accordance with relevant legislation from the French National Commission for Informatics and Data Protection.

The Student's personal data will be given to his/her teacher.

The Student is entitled to a right of objection, access and modification of all his/her personal data. In order to do so, the Student can make a request at contact@myfrenchcourse.com.

Under the law of the 6th of January 1978, the personal data is kept only during the time necessary to fulfill purposes of identification.  Personal data is only made available to the relevant persons.

Article 16 : Intellectual property

Copyrights

Texts, pictures, drawings and the Site's corporate identity and style guide are copyright protected. It is forbidden to copy, extract, broadcast or modify parts of the Site or its totality.  Drawings, pictures, data base and text reproduction for other websites or printed publications must be made only after getting a written consent from My French Course. Unauthorized reproduction is considered as forgery and punished as such by French law.

Brands

Partial or total reproduction of the Site brands and/or logos is considered as forgery punished under the articles L713-2 of the Intellectual Property Code.

Article 17 : Invalidity of a clause

If one of the Terms and Conditions provisions was to be cancelled, this invalidity would not make the other provisions invalid. The Terms and Conditions' other provisions will still be considered as valid between the Parties.

Article 18 : Applicable Law - Litigation settlement

The present Terms and Conditions are subject to French Law.

In case of litigation or claim, the Parties commit to do an arbitration before starting any lawsuit.

In case of arbitration failure, any litigation will be dealt within by the court houses considered as relevant in compliance with the article L 141-5 of the Consumer Code.