General terms and conditions of sale and use
Legal notice - General terms and conditions of use123 mon école
IDENTIFICATION 123 MY SCHOOL
The website www.123monecole.com is published by 123 MON ECOLE,
a simplified joint stock company with a capital of 5,000 euros
whose registered office is located at 28 rue Frémicourt - 75015 Paris (France)
registered under the number 752 469 353 (R.C.S. Paris)
Intracomun number / siren : FR15752469353
UAI code: 0755875D
Phone : + 33 (0)1 71 37 32 46
Email : [email protected]
Director of the publication : Direction d'123 mon école
Website host www.123monecole.com : GANDI SAS
Address of the host: 63-65 boulevard Massena in Paris - 75013 Paris (France)
Host's phone number: +33 (0)1 70 37 76 61 fax: +33 (0)1 43 73 18 51
Email of the host : [email protected]
Date of creation of the site www.123monecole.com: (05/09/2016)
GENERAL CONDITIONS OF USE AND SALE OF THE WEBSITE www.123monecole.com
The school group 123 mon école is composed of private nursery schools - secular and not under contract - which offer bilingual French/English education based on the Montessori pedagogy, as well as bilingual extra-curricular activities.
123 mon école is located on 3 sites:
- 123 mon école Paris XVe - La maternelle - 3/6 years old : 28 rue Frémicourt, 75015 Paris
- 123 mon école Paris XVe - La preschool - 2/3 years : 37 avenue de Lowendal, 75015 Paris
- 123 mon école Asnières - La maternelle et preschool : 58 rue de la Sablière, 92600 Asnières-sur-Seine
ARTICLE 1 - PURPOSE - APPLICATION ENFORCEABILITY - DEFINITIONS
The purpose of the General Conditions is to set out the rules for the use of the Site, in whatever capacity, by any User having access to the Site. They also define the terms and conditions for the admission of students and their enrolment in the schooling provided within the School.
Thus, each User undertakes, during each of his/her visits to the Site, to respect the General Conditions which apply to all the services available on the Site, whether they are provided free of charge or sold.
Consequently, all Users accept all the General Conditions before any application for admission, registration, re-registration and online purchase of services, any consultation of information and/or simple free use of the Site. They are therefore invited to read the General Conditions carefully, to print them and/or to save them on a durable medium.
The conditions under which the children are enrolled by the School and follow the extra-curricular activities as well as the reciprocal rights and obligations of the parties are also defined in the Internal Regulations established by 123 Mon École. Its provisions complete those of the General Conditions. The Internal Regulations are accessible online on the Site and must be accepted when a student registers or re-registers online with the School.
The General Terms and Conditions and the Internal Regulations are presented on the Website in French.
1.2 Application and enforceability
1.2.1 The fact that 123 Mon École or the User does not avail itself at a given time of any of the clauses of the General Conditions and/or the Internal Regulations may not be interpreted as a waiver by 123 Mon École or the User of the right to avail itself of any of the said clauses at a later date.
1.2.2 123 Mon École is free to modify the General Conditions and the Internal Regulations at any time in order to adapt them to changes in the Site and/or legislation. The User is therefore advised to regularly refer to the latest versions available on the Site and to cease its use in the event of disagreement with the provisions of the General Conditions and the Internal Regulations in force.
However, for Members, the General Terms and Conditions and the Internal Regulations applicable are those in force on the day the application for admission of the child to the School for the school year concerned is submitted.
Any condition contrary to the General Terms and Conditions and/or the Internal Regulations requested by the User and not accepted by our 123 My School shall not be binding on the latter.
1.2.3 Unless proven otherwise, the data recorded on the Site constitutes proof of all transactions between 123 Mon École and any User.
In the General Conditions, words or expressions beginning with a capital letter have the following meaning:
Extra-curricular activities means the activities offered on Wednesdays within the School to children aged 2 to 7 years, and which are subject to an admission procedure independent of schooling. For extra-curricular workshops and holiday activities organised by 123 Mon École, please go to www.123mesactivites.com, accessible from the website 123 mon école, under the heading "extra-curricular activities".
Account means the personal and protected space made available to the Member on the Site. The Account allows the Member to access, after having identified himself by his access codes, the Site in connected mode, as well as the personal information he has communicated. The opening of an Account allows the Member to benefit from certain functionalities of the Site which are only accessible to Members. The creation of an Account requires a valid email address.
General Conditions refers to the present general conditions of use and sale of the Site and of the subcontractors of the Site.
School means one of the schools of 123 Mon École. Montessori and bilingual (French/English), they are independent private schools. Founded in 2012, the schools of the school group are referenced by the Rectorats of the Academies of Paris and Versailles.
Member means collectively the parent(s) or legal guardian(s) who have opened an Account on the Site.
Internal Regulations means the internal regulations established by 123 Mon École defining the rules of life within the School which must be respected by the child and his/her parents or legal guardians.
Site means the website "123monecole.com" and its mobile version, operated by 123 Mon École. The term "Site" also includes all service providers who may subcontract the functionalities of the123 mon école Site.
Admissions Office means the information and assistance service made available to Users by 123 My School. The Admissions Office can be contacted by telephone on + 33 (0)1 71 37 32 46 (a number that is not surcharged from a landline telephone in France) from 9:00 a.m. to 5:00 p.m., except on Saturdays and Sundays, or by e-mail or by post at the following addresses ([email protected]) or 123 Mon École 28, rue Frémicourt - 75015 Paris (France).
User means any natural person having access to the Site, on a non-professional basis, regardless of where they are and how they are connected. The User may therefore be a Member or a simple Internet user.
ARTICLE 2 - ACCESS AND USE OF THE SITE
2.1 The equipment (computers, telephones, software, telecommunication means, etc.) allowing access to the Site is the exclusive responsibility of the User, as are the telecommunication costs incurred by their use.
2.2 The User undertakes not to infringe the rights of 123 Mon École and undertakes to
- to use and/or download the information on the Site on his/her equipment for exclusively personal, non-commercial and time-limited use;
- to print the downloaded information on paper only on the condition that the copies thus made are for exclusively personal use, which excludes in particular any reproduction for professional or commercial purposes or mass distribution, whether free of charge or not;
- not to copy and/or reproduce all or part of the Site, in particular on another site, another application or an internal company network;
- not to reproduce, reuse, summarise, alter, modify, move, extract, replace, store, rebroadcast, represent or retain, directly or indirectly, on any medium whatsoever, by any means and in any form whatsoever, all or part of the information and/or reproductions (illustrations, photos, etc.) appearing on the Site and/or the name, logo(s) and trademarks of 123 Mon École or any third party;
- to put in place control systems adapted to technical developments in order to avoid any "piracy" of the Site and in particular to avoid the illicit use or use contrary to the General Conditions of all or part of the information and reproductions appearing on the Site in any way and in any form whatsoever;
- to inform 123 Mon École as soon as it becomes aware of any "piracy" and in particular of any illicit or non-contractual use of all or part of the Site, regardless of the means of distribution used.
2.3 The User shall not use any device, software or program that interferes or attempts to interfere with the proper working of the Site.
Thus, the User undertakes, each time he/she uses the Site, to adopt normal and reasonable behaviour and not to hinder, in any way whatsoever, its proper functioning.
In particular, the User undertakes to:
- not to disrupt, slow down, block or alter the normal flow of data exchanged when using the Site;
- not to accelerate the rate of scrolling of the contents of the Site in such a way that its operation is modified or altered;
- not to commit any other action having an equivalent disruptive effect on the functionality of the Site;
- not to fraudulently access, maintain, interfere with or disrupt the Site's access systems.
ARTICLE 3 - PRESENTATION OF SERVICES AND AVAILABILITY
3.1 123 Mon École provides bilingual (French and English) education in the School based on the Montessori pedagogy for children aged 2 to 6 years.
For extracurricular activities and holiday activities that cannot be registered on the Site, it is necessary to go to https://123mesactivites.com/.
The Member only has access to the services to which he/she has subscribed.
3.2 Each service is described on the Site. This description mentions the essential characteristics of the service and its duration.
In case of doubt or if additional information is required, the User is invited to contact the Admissions Office, whose contact details are given in Article 8 below.
The photographs presenting the services on the Site are provided for illustrative purposes.
3.3 The offers of services and their prices are valid, in the absence of any indication of a particular duration, as long as they are visible on the Site. The services offered are offered within the limits of the places available or in the presence of a sufficient number of participants.
ARTICLE 4 - ONLINE REGISTRATION AND PURCHASE PROCEDURES
4.1 Creating an Account
4.1.1 The creation of a Member's Account is an essential and compulsory prerequisite to any application for admission, registration and online purchase of a service offered on the Site.
To create an Account, the User must go to a secure area of the Site using an access code provided by e-mail by the Admissions Office. The User must then fill in the compulsory fields on the Site (indicated by an asterisk) appearing in the information form. Failure to provide the information mentioned as compulsory will make it impossible to create an Account.
At this stage, the Member undertakes to provide true, accurate and complete information and to keep it up to date without delay.
In order to inform 123 Mon Ecole of the modifications made to the data that the Member communicated to him/her during the creation of his/her Account:
- for billing data and changes in contact details, the Member must inform 123 mon école of any changes by contacting the administration at the following address: [email protected]
- for data relating to the state of health of his or her child, the Member is required to inform 123 mon école of any change by contacting the administration, whose contact details are as follows: [email protected] In the event that the Member provides false, inaccurate, outdated or incomplete information, 123 Mon École shall be entitled to refuse any request for admission, registration or re-registration to the desired service, to suspend it or to cancel it under the conditions set out in article 4.2.2, without this entitling the Member to any obligation or indemnity.
4.1.2 When creating an Account, the Member is required to choose access codes (an identifier and a password) that are personal to him/her. The Member's access codes allow him/her to identify him/herself and to have permanent access to his/her Account as well as to subscribe to the services offered on the Site. They also guarantee the confidentiality of the information contained in his Account.
It is therefore the Member's responsibility to protect the confidentiality of his Account and access codes. Unless proven otherwise, any connection to the Site or transmission of data using the Member's access codes shall be deemed to have been made by the Member. In this respect, the Member is responsible for all financial consequences resulting from the use of the Site in his or her name but also on behalf of third parties, including minors, unless he or she can prove fraudulent use resulting from no fault or negligence on his or her part. Consequently, the Member undertakes to keep his or her access codes secret and shall refrain from disclosing them in any form whatsoever to third parties. In this respect, the Member may explicitly disconnect at the end of each session.
In the event of loss, theft, accidental disclosure or forgetting of his or her access codes, the Member may generate new ones directly on the Site.
4.1.3 The Account allows the Member to consult the history of registrations made on the Site.
Each Member is free to close his or her Account on the Site at the end of the subscribed service. To do so, he/she must send an e-mail to the Admissions Office, whose contact details are given in Article 8, indicating that he/she is requesting the deletion of his/her Account. No recovery of his data will then be possible.
123 Mon École reserves the exclusive right to close the Account of any Member who has contravened the General Terms and Conditions and/or the Internal Regulations or any Account that has been inactive for at least one year. The said deletion shall not constitute damage for the Member who shall not be entitled to claim any compensation as a result. This deletion is not exclusive of the possibility, for 123 Mon École, to undertake legal proceedings against the Member, when the facts justify it.
4.2. The process for an initial application for registration and payment on the Site
4.2.1 Firstly, families are invited to visit the School by registering for one of the open door sessions, where the123 mon école team will present its operation and answer questions. Registration for the Open House is done directly online from the Website.
4.2.2 Registration for school education provided by the School is compulsory and is carried out online on the Site as set out below:
After an initial meeting, families receive an access code to go to the Site's secure Internet platform and apply for admission online.
On this admissions platform, families must create an account from which the child's admission file will be generated.
Unless there is a derogation or special case, applications for admission are made for a specific period, indicated on the Site. Furthermore, the dates for admission of children are not the same if it is a first application or a re-registration.
Documents required for the application :
- The application form filled in and submitted online
- A scanned passport photo of the child
- The birth certificate or copy of the birth certificate of the child(ren)
- A medical certificate confirming the child or children's immunization record
- The €350 application fee (non-deductible from tuition, non-refundable)
- If necessary, a copy of the child’s progress report for mid-year
Families are also asked to read the general terms and conditions of sale and the school regulations, available on the website.
Before clicking on the "Finalize my application" button, the Member shall have the possibility to view the details of his/her application, his/her choice of payment method as well as the total price of his/her order and to return to the previous pages to correct any errors or possibly modify his/her application or even cancel it. Finally, the Member validates the application by clicking on the button "Pay the application / Validate" with the obligation of immediate payment of the application fee which is not deductible from the tuition fees due.
4.2.3. The Member shall receive, as soon as possible, an e-mail confirming that the application for admission has been taken into account and that the application fee has been paid.
The admission request is then validated by the Admissions Office, which informs the families of the places available by e-mail, within a pre-determined period of time, which is communicated on the website, in the Admission tab.
To confirm an admission, the Member must also complete, sign online and return the regulatory documents that govern the operation and activity of the Site and the Institution (from the ADOBE online signature platform). These are sent by e-mail by the Admissions Office.
The following documents:
- General conditions " 123 mon école "
- Regulations for our establishments
- SEPA form (for families who have chosen to pay by direct debit)
4.2.4 Documents required to close the application
Finally, the Member must provide the Admissions Office with the means of payment chosen to pay for the child's schooling (SEPA direct debits, RIB or cheques to the Admissions Office).
A certificate of civil liability must also be submitted at the time of the start of the school year.
4.2.5 The application for admission to the education provided by the School is only definitively validated and the child enrolled when the Member receives an email from 123 My School confirming the School's express agreement.
4.2.6 Cancellation or refusal of admission by 123 My School
123 Mon École reserves the right to cancel or refuse any application for admission of a User and registration of the child :
- with whom there is a dispute relating to the payment of a previous service,
- who has not respected the provisions of the General Conditions and/or the Internal Regulations in the past,
- in the event that 123 Mon École does not receive the means of payment chosen to pay the school fees and options within the time limit, following the email confirming the child's admission,
- in case of non-payment,
- if the information required to open a Member's Account and/or to pay for the service subscribed to and/or for its performance is erroneous or cannot be verified,
- in the event of reaching the capacity of reception or insufficient number of children registered.
4.3. The registration and payment process on the Site
An application for admission for a child already enrolled at 123 mon école is given priority by the Admissions Office. Within the limits of available places, a child who starts school at 123 mon école benefits from a place for the entire duration of the primary cycle, provided that the parents or legal guardians reiterate the admission request each year, at the times and under the conditions previously defined and communicated to the families.
The period and procedure for re-enrolment is communicated to families by email each year.
The procedure for re-enrolling a child already enrolled at 123 mon école is done through the Online Member, as for a first application. Apart from the different deadlines, the procedure is then carried out in accordance with the articles in paragraph 4.2 of this document.
The electronic admission confirmations sent to Members as well as the General Conditions and the Internal Regulations signed by them are archived by 123 Mon École on a reliable and durable medium. They may be requested by writing to the Admissions Office, whose contact details are given in article 8 below, or consulted on the Member's Account.
ARTICLE 5 - PRICES - PAYMENT CONDITIONS
5.1. The price of the services is shown on the Site and is accessible from the "Tuition Fees" section of each school (Paris and Asnières).
The prices of the services are indicated in euros.
The amounts due by the Member are shown on the confirmation page of his/her online application, as well as the payment methods chosen.
5.2. The prices paid by the member are those in force on the day of the online submission of the application.
123 Mon École reserves the right to modify the price of its services at any time. However, the services shall be invoiced on the basis of the prices in force on the day on which the member submits his or her application for admission online.
5.3 The payment of the application fee shall be made by the Member :
- either by credit card via the secure system set up by the payment service provider Stripe. The amount to be paid shall be immediately debited from the Member's bank or postal account and the application for admission shall be considered validated as soon as the card is debited;
- or by credit card via the secure system set up by the payment service provider Banque Populaire / Systempay. The amount to be paid shall be immediately debited from the Member's bank or post office account and the application for admission shall be considered validated as soon as the card is debited.
An invoice for the application fee is sent to the Member automatically by e-mail.
5.3.1 Enrollment is confirmed upon receipt of the email by which 123 My School confirms the acceptance of the application and the enrolment of the child in the School.
5.4 Payment of tuition and catering fees
5.4.1 School fees are invoiced annually and can be paid by cheque or direct debit. In the event of non-payment of school fees on the dates indicated on the invoice (monthly and/or quarterly instalments), the Management reserves the right to no longer accept the child in the School. The financial costs generated by the non-payment of the subscribed services shall be borne by the Member.
- or by quarterly cheques payable to 123 Mon École, given at the time of the child's admission.
- or by quarterly or monthly direct debit
5.4.2 Meal charges are invoiced annually and can be paid :
- or by quarterly cheques payable to 123 Mon École, given at the time of the child's admission.
- or by quarterly direct debit
5.5 In the event of unpaid invoices, 123 Mon École shall contact the Member. If necessary, a reminder letter will be sent, possibly followed by a formal notice sent by registered mail with acknowledgement of receipt.
Any new registration will only be possible when the costs of schooling and extracurricular activities have been paid in full.
In the event of a payment incident, bank charges will be charged to the Member and 123 Mon École reserves the right to recover the amounts due by any legal means. The costs incurred for refunds may also be charged to Members.
5.6 It is expressly agreed and accepted by the Member that in the event that the School is closed due to a cause beyond the control of 123 Mon École (in particular due to a governmental decision taken because of an epidemic), no reimbursement of tuition fees will be made if educational continuity has been ensured during the closure of the School and/or if a change in the school calendar is decided by the State or local authorities allowing for the postponement of the education that could not be provided.
ARTICLE 6 - FOLLOW-UP OF APPLICATIONS FOR ADMISSION
The Member may follow the progress of his or her registration by contacting the Admissions Office by e-mail, whose contact details are given in Article 8 below, for any questions.
ARTICLE 7 - RIGHT OF WITHDRAWAL AT THE TIME OF REGISTRATION
7.1 Right of withdrawal from enrolment in the school education provided by the School
In accordance with the provisions of article L 221-18 of the French Consumer Code, the Member has a right of withdrawal under the following conditions:
The Member may exercise his right of withdrawal for the enrolment in the education provided by the School, without reason or cost, within 14 clear days from the date of final confirmation of the child's admission. (Art. 4.2.5)
The right of withdrawal can be exercised as soon as the application is submitted online, without even waiting for the e-mail from 123 My School informing the Member of its agreement.
When the 14-day period expires on a Saturday, Sunday or public holiday, it shall be extended until the next working day.
The Member may exercise his right of withdrawal by sending the standard withdrawal form, which can be downloaded by clicking here, or any other unambiguous statement expressing his wish to withdraw to the following postal address: 28 rue Frémicourt 75015. An e-mail may also be sent to 123 Mon École at the following address: [email protected]
ARTICLE 8 - THE ADMISSIONS OFFICE
For any information or question about the schooling provided by the School as well as for other services offered on the Site, the Admissions Office is available to Users from Monday to Friday from 9 a.m. to 5 p.m:
Tel: +33 (0)1 71 37 32 46 (call not surcharged from a landline in France)
E-mail: [email protected]
Address: 123 Mon Ecole 28 rue Frémicourt 75015 Paris.
ARTICLE 9 - INTELLECTUAL PROPERTY
9.1 All brands, logos, other distinctive signs, visuals, photos, texts, comments, illustrations, drawings and images reproduced on the Site are subject to copyright and intellectual property rights. Any total or partial reproduction of these elements and of the Site is therefore strictly forbidden without the prior written consent of 123 Mon École or its partners.
9.2 The User undertakes not to use the content of the Site as well as all the information brought to his or her attention in a manner that may infringe the rights of 123 Mon École or its partners and that their use never constitutes an infringement or an act of unfair competition.
ARTICLE 10 - DURATION OF SERVICES - CONDITIONS OF CANCELLATION AND TERMINATION OF SCHOOL EDUCATION PROVIDED BY THE SCHOOL
10.1 Notwithstanding the application of the provisions of articles 7.1 and 10.5, 123 Mon École must be informed of the cancellation of the enrolment of the child concerned by registered mail with acknowledgement of receipt within the given time limit. Indeed, the Member may exercise his right of withdrawal, without reason or cost, within 14 clear days from the date of final confirmation of the child's admission. (Art. 4.2.5).
10.2 A child's enrolment in the School is for a fixed period corresponding to one school year.
10.3 Except in the case of non-payment or for serious reasons, enrolment in the school may not be terminated by 123 Mon École during the school year.
10.4 In the event of cancellation of registration by the Member, the application fee shall be retained by 123 Mon École and shall not be reimbursed once the application file has been examined.
10.5 If a Member cancels the enrolment of his/her child after the expiry of the withdrawal period and before the start of the school year concerned, the school fees for the first term are due to 123 mon école, except in the case of cancellation:
- results from a case of force majeure as defined by article 1218 of the French Civil Code,
- is due to a legitimate and compelling reason,
- is the result of a decision by 123 My School.
10.6 If a child leaves the School during the course of the year, full fees are payable, except in the case of departure:
- results from a case of force majeure as defined by article 1218 of the French Civil Code,
- is due to a legitimate and compelling reason,
- is the result of a decision by 123 My School.
If a family withdraws its child in the middle of the school year, only the cost of meals will be reimbursed, in proportion to the number of days spent by the child at the school and on condition that the school management is notified at least one month before the planned date by registered letter with acknowledgement of receipt.
ARTICLE 11 - EFFECTS OF THE TERMINATION OF THE SUBSCRIBED BENEFIT - CLOSURE OF THE ACCOUNT
The expiry or termination of the subscribed service, for any reason whatsoever and whoever is responsible for it, shall immediately and automatically lead to the deletion of access to the Member's Account.
The Member shall be informed by e-mail or postal letter of the deactivation of his or her Account.
In case of closure of the Member's Account, whatever the cause, the Member will no longer be able to order online on the Site as of the effective date of the closure of its Account.
Whatever the cause, the closure of the Member's Account does not give the Member any right to compensation of any kind.
ARTICLE 12 - PROCESSING OF PERSONAL DATA - COOKIES
12.1 123 Mon École endeavours to protect the privacy of the Users of the Site by respecting the French regulations in force. 123 Mon École does not collect any information concerning the User without his/her knowledge and consent. The same applies to information concerning registered children. In order to become a Member of the Site, the User must transmit identification data.
12.2 The personal data collected is necessary to process and manage school enrolments. It is processed by computer.
Depending on the choices made by the Member at the time of his or her application for admission, it also allows 123 Mon École to send a newsletter and commercial solicitations. If the Member no longer wishes to receive the newsletter, he/she may at any time make a request by writing to the following e-mail or postal addresses: [email protected] or 123 Mon École, news letter service, 28 rue Frémicourt 75015 Paris (France).
12.3 In order to register for the services offered on the Site, the Member must provide information. The information identified by an asterisk is indispensable for the opening of the Account and the registration for the desired services. Without this information, 123 My School will not be able to process the registration request and the Member will not be able to submit the application form online.
The other information requested for which the answer is optional is intended to get to know the Member and the child better in order to improve the services provided by 123 My School and is therefore optional. The Member is free not to answer them.
12.4 Unless the Member objects, a digitised identity photo of his/her child will be kept by the School for the duration of the school year and will never be communicated to third parties.
Furthermore, the educational activities carried out within the framework of the schooling provided sometimes involve the use of a camera. Children may therefore be photographed or filmed on these occasions. In accordance with the legislation in force concerning the rights linked to the image of individuals, the taking and dissemination of these images shall only be carried out with the prior and express authorisation of the Member and shall be strictly limited to publication on the secure blog of the Site accessible only to families who have registered their children for schooling. 123 Mon École shall not make any commercial use of these images in any capacity whatsoever.
The duration of conservation of these images and their diffusion will be limited to 12 months. The captions accompanying the photographs and/or films shall not infringe on the reputation of the child and/or the Member or on their private life.
The Member may, at any time, have the images appearing on the Site's blog withdrawn and object to any further dissemination by sending an e-mail to the following address: [email protected]
12.5 The personal data collected is intended for 123 Mon École, which is responsible for its processing. This data may also be transmitted to 123 Mon École's service providers who contribute to the processing of admission applications submitted on the Site, to payments made online or to the management of the Site and its database, all of whom are subject to a non-disclosure obligation. Depending on the choices made by the Member when submitting his or her application for admission, some of this data may also be communicated to other parents who have registered their children at the School.
This data will not be transmitted to third parties for advertising and canvassing purposes under any circumstances.
Similarly, 123 Mon École will not sell or rent any information or personal data transmitted by the Member without his/her express prior consent.
The information thus collected is kept in a safe place and only authorised employees can access it. Electronic backup procedures for data collected on the Site are also implemented, in accordance with French laws on personal data.
The personal data collected and the related supporting documents are not kept beyond the duration of the child's enrolment in the School or the examination of admission applications for which no action has been taken by the School, with the exception of
- data enabling the correct payment of subscribed services which are kept for the time necessary to recover the sums due,
- the surnames, first names and email addresses of Members who have expressly agreed to receive the 123 Mon École newsletter and its commercial offers. This data is then only kept as long as the Member has not asked 123 Mon Ecole to delete it and in any case for a period that cannot exceed 3 years from the date of collection.
Some of this data will then be archived in order to allow 123 Mon École to fulfil its obligations under article L.123-22 of the French Commercial Code.
12.6 In accordance with the amended "Data Protection Act" of 6 January 1978, all Members have a general right of access, rectification and deletion of all personal data concerning them and their children. They also have the right to object, for legitimate reasons, to the processing of this data.
These rights can be exercised at any time by sending an email to [email protected] or by sending a letter to the postal address 123 Mon École, service de la protection des données personnelles, 28 rue Frémicourt 75015 Paris (France). The Member must prove his identity by attaching a copy of his identity card to his request and indicate in his e-mail or letter his first and last names and, if applicable, those of his child.
12.7 When a User consults the Site, information relating to his or her browsing is likely to be recorded in text files called "cookies" deposited on his or her terminal (computer, mobile or tablet), subject to his or her choices concerning cookies, which he or she may modify at any time.
Only the issuer of a cookie is likely to read or modify the information contained therein.
These cookies are issued by 123 Mon École in order to facilitate navigation on the Site and to ensure the proper functioning of certain services (in particular, the online validation of the admission application).
If the User's terminal is used by several people or has several browsers, 123 Mon École cannot assure the User that the services and advertisements intended for his or her terminal correspond to his or her own use of this terminal and not to that of another user of this terminal.
Consequently, sharing the use of the User's terminal with other people and configuring the parameters of his browser with regard to cookies are the free choice and responsibility of the User.
The User may configure his or her browser software so that cookies are stored in his or her terminal or, on the contrary, that they are rejected, either systematically or according to their sender.
The User may also configure his browser software so that he is offered the option of accepting or rejecting cookies from time to time, before a cookie is likely to be stored in his terminal.
If the User's browser is configured to refuse all cookies, he/she will not be able to create his/her Account or take advantage of the essential functions of the Site.
The configuration of each browser is different. It is described in the help menu of the browser of the User's terminal, which will allow him/her to know how to modify his/her wishes regarding cookies. The User can deactivate cookies or delete them by using the options of his browser. As each browser is different, the User is invited to consult the instructions for his or her browser in order to set the parameters as required.
These cookies are kept on the User's computer for a maximum of 13 months from the time they are placed.
Finally, IP addresses relating to consultations made by the User on the Site are collected and kept for statistical purposes, after being anonymised.
For more information, the User may consult the CNIL website (http://www.cnil.fr).
ARTICLE 13 - LIABILITY
13.1. Limitation of liability
13.1.1 The services offered on the Site comply with French legislation. 123 Mon École shall not be held responsible in the event of non-compliance with the legislation of another country.
13.1.2 123 Mon École undertakes to make its best efforts to secure access, consultation and use of the Site in accordance with the rules of use of the Internet. However, 123 Mon École cannot guarantee that the Site will be free of anomalies, viruses, errors or bugs, nor that these can be corrected, nor that the Site will function without interruption or breakdown, nor that it will be compatible with any computer equipment or particular configuration.
The Site is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the control of 123 Mon École and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Site.
Maintenance work may be carried out without prior notice to the User.
13.1.3 The User declares that he/she accepts the characteristics and limits of the Internet, and in particular its technical performance, the response times for consulting, querying or transferring data and the risks associated with the security of communications.
In this respect, the User acknowledges that :
- use of the Site is at the User's own risk; the Site and its content being accessible to the User "as is" and according to its availability;
- the User is responsible for any damage to his/her terminals and/or any loss of data resulting from downloading or consulting the Site;
- It is therefore up to the User to take all appropriate measures to protect his/her own data and/or software from contamination by any viruses circulating on the Site;
- no advice or information, whether oral or written, obtained by the User from 123 Mon École or during the use of the Site is likely to create guarantees not expressly provided for by the General Conditions;
- The User is solely responsible for the use he makes of the Site;
- the communication of his access codes or, in general, of any information deemed confidential is made under his own responsibility;
- It is up to the User to take all necessary measures to ensure that the technical characteristics of his equipment allow him to consult the Site.
13.1.4 The Site may include hypertext links to other sites.
The User therefore acknowledges that 123 Mon École cannot be held responsible for any damage or loss, proven or alleged, consecutive to or related to the use or to the fact of having taken knowledge of the contents, advertisements, products or services available on these external sites or sources. Likewise, 123 Mon École cannot be held responsible if the user's visit to one of these sites causes him/her harm.
If, despite the efforts of 123 Mon École, one of the hypertext links present on the Site points to a site or an Internet source whose content does not comply with the requirements of French law or does not appear to do so to a User, the latter undertakes to contact the Site's Director of Publication immediately, whose contact details are given in the Site's legal notice, in order to communicate the address of the pages of the third party site in question.
13.2 Force majeure
Neither the User nor 123 Mon École shall have failed in their contractual obligations insofar as their execution is delayed, hindered or prevented by a case of force majeure as defined in article 1218 of the French Civil Code.
ARTICLE 14 - LANGUAGES USED - APPLICABLE LAW - MEDIATION - DISPUTES
14.1 The General Conditions have been drafted in French, which will be considered, in any case, as the sole language of the parties.
14.2 The interpretation and execution of the General Terms and Conditions, as well as all acts and agreements that may follow or result from them, as well as all claims and disputes between the parties, shall be governed by French law, regardless of the nationality of the User (Member or simple Internet user) and his/her address.
14.3 In case of dispute, an amicable solution will be sought. To this end, the User (Member or simple Internet user) is kindly requested to contact the Management of 123 Mon École in writing (by email: [email protected] or by mail 123 mon école, service litige, 28 rue Frémicourt, 75015 Paris - France) by indicating his/her name, first name, address, email and possibly the name and first name of the child concerned.
14.4 The User (Member or simple Internet user) also has the possibility of resorting to mediation. The Mediator is neither a judge nor an arbitrator; he or she is a neutral, impartial third party, independent of 123 My School.
To this end, 123 Mon École offers the User (Member or simple Internet user) free recourse to the Association of Independent Mediators of the Ile de France (AMIDIF) whose contact details are as follows AMIDIF - 1 Place des Fleurus - 77100 Meaux - France.
This mediation procedure may only be initiated if the 123 Mon École dispute service has not responded satisfactorily to the written request of the User (Member or simple Internet user).
In this case, the User (Member or simple Internet user) may contact the mediator by Internet on the site www.amidif.fr or by sending an e-mail to [email protected] or a letter to AMIDIF - 1 Place des Fleurus - 77100 Meaux-France.
Whatever the means used to contact AMIDIF, the User's request (Member or simple Internet user) must contain the following elements in order to be processed rapidly: his postal and telephone contact details, email address as well as the full name and address of 123 Mon École, a brief statement of the facts and proof of the prior steps taken with 123 Mon École.
14.5 All disputes resulting from the application of the General Conditions and/or arising from enrolment in the schooling provided within the School and in the Wednesday Workshops will be submitted exclusively to the competent French courts, even in the event of an appeal for guarantee or multiple defendants or an incidental claim.