General terms and conditions of sale and use
General terms and conditions of sale and use
The website www.123monecole.com is published by 123 MON ECOLE Paris 15,
hereinafter referred to as 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 number 752 469 353 (R.C.S. Paris) intracomun / siren number: FR15752469353
UAI code: 0755875D, Tel: + 33 (0)1 71 37 32 46 Email: contact@123monecole.com Publication manager: Léa Sorli Site host www.123monecole.com: Scaleway Hosting address: 8 rue de la Ville l'Evêque, 75008 Paris (France) Hosting tel: +33 (0)1 84 13 00 00 - fax: +33 (0)899 173 788 Site creation date www.123monecole.com: September 5, 2016
Last update of the General Terms and Conditions of Sale and Use: December 2023
GENERAL TERMS AND CONDITIONS OF USE AND SALE OF THE WEBSITE www.123monecole.com Ensemble Scolaire 123 Mon École (hereinafter "Ensemble Scolaire 123 Mon École") is made up of private nursery schools - secular and not under contract - which offer bilingual French/English education based on Montessori pedagogy, as well as bilingual extra-curricular activities.
Ensemble Scolaire 123 Mon École now has 5 independent establishments on several sites:
● 123 mon école Paris XVe - La maternelle - 3/6 ans : 28 rue Frémicourt, 75015 Paris ● 123 mon école Paris XVe - La preschool - 2/3 ans : 37 avenue de Lowendal, 75015 Paris ● 123 mon école Asnières - La maternelle et preschool: 58 rue de la Sablière, 92600 Asnières-sur-Seine ● 123 mon école Boulogne - La maternelle et preschool: 87 rue du Château, 92100 Boulogne-Billancourt ● 123 mon école Bois-Colombes - La maternelle et preschool: 6 rue Hispano Suiza, 92270 Bois-Colombes
ARTICLE 1 - PURPOSE - APPLICATION ENFORCEABILITY - DEFINITIONS
1.1 Purpose
The purpose of the General Conditions is to set out the rules governing the use of the Site, for any purpose whatsoever, by any User accessing the Site. They also define the terms and conditions for the admission of students and their enrolment in the schooling provided by the School. Every User therefore undertakes, on every visit to the Site, to comply with the General Terms and Conditions, which apply to all services available on the Site, whether provided free of charge or for sale. Consequently, all Users accept all the General Terms and Conditions before applying for admission, registering, re-registering and purchasing services online, consulting information and/or simply using the Site free of charge. Users are therefore advised to read the General Terms and Conditions carefully, and to print and/or save them on a durable medium. The conditions under which children are enrolled by the Establishment and take part in extra-curricular activities, as well as the reciprocal rights and obligations of the parties, are also defined in the Internal Regulations drawn up by 123 Mon Ecole. Their provisions complement those of the General Terms and Conditions. The Internal Regulations are available online on the Site and must be accepted when a student enrolls or re-enrolls online at the School. The General Terms and Conditions and the Internal Regulations are presented on the Site in French.
1.2 Application and enforceability
1.2.1 The fact that 123 Mon École, the Establishment 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 in no case be interpreted as a waiver by 123 Mon École, the Establishment or the User of its 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 Internal Rules at any time in order to adapt them to changes in the Site and/or legislation. The User is therefore advised to refer regularly to the latest versions, which are permanently available on the Site, and to cease use of the Site in the event of disagreement with the provisions of the General Conditions and Internal Regulations in force. However, for Members, the General Conditions and Internal Regulations applicable are those in force on the day of submission of the application for admission of the child to the School for the school year concerned. Any condition contrary to the General Terms and Conditions and/or the Internal Rules shall be deemed to be null and void.
123 Mon École and the Establishment cannot be held liable for any interior changes requested by the User and not accepted by them.
1.2.3 In the absence of proof to the contrary, the data recorded on the Site constitutes proof of all transactions between 123 Mon École or the Establishment and any User.
1.3 Definitions
In the General Conditions, words or expressions beginning with a capital letter have the following meaning:
Extra-curricular activities refer to activities offered on Wednesdays at the Establishment for children aged 2 to 7. Extra-curricular activities are subject to an admission procedure that is independent of schooling. For extra-curricular activities, please visit www.123mesactivites.com, accessible from the Site, under the heading "extra-curricular activities".
The Software Application refers to the secure internet platform of the https://app.ecole-futee.com/ website to which the User is automatically redirected when he wishes to create an Account and register his child online.
Admissions Office refers to the information and assistance service made available to Users by 123 Mon École. The Admissions Office can be contacted by telephone on + 33 (0)1 71 37 32 46 (toll-free number from a landline in France) from 9am to 5pm, except Saturdays and Sundays, or by e-mail or post at the following addresses (contact@123monecole.com) or 123 Mon École 28, rue Frémicourt - 75015 Paris (France).
Account means the personal and protected space made available to the Member from the Software Application dedicated to school life management, secured and accessible from the Site. The Account enables the Member to access the Software Application in connected mode, after logging in using his/her access codes, and to access the personal information he/she has provided. Opening an Account enables you to benefit from certain functionalities which are only accessible to Members. A valid e-mail address is required to create an Account.
General Conditions refers to these general conditions of use and sale of the Site, which also govern the User's relationship with the School where their child attends, as well as with the Site's subcontracted service providers.
Établissement refers to one of the 123 Mon École kindergartens chosen by the Member for the enrolment of his/her child. Initially founded in 2012, each 123 Mon Ecole nursery school is referenced by the Rectorats of the Paris and Versailles Academies. Member refers collectively to the parent(s) or legal guardian(s) who have opened an Account. 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 refers to the website "www.123monecole.com" and its mobile version, operated by 123 Mon École. 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 an ordinary Internet user.
ARTICLE 2 - ACCESS AND USE OF THE SITE
2.1 Equipment (computers, telephones, software, means of telecommunication, etc.) enabling access to the Site are the sole responsibility of the User, as are any telecommunication costs incurred by their use.
2.2 The User undertakes not to infringe the rights of 123 Mon École and undertakes to: - use and/or download the information appearing on the Site on his or her equipment for exclusively personal, non-commercial and time-limited use;
- print the downloaded information on paper only on condition that the copies thus made are for personal use only, which excludes in particular any reproduction for professional or commercial purposes or mass distribution, whether free of charge or for a fee;
- 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, summarize, 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;
- implement control systems adapted to technical developments to prevent any "piracy" of the Site and in particular to prevent the illicit use or use contrary to the General Terms and Conditions of all or part of the information and reproductions appearing on the Site in any manner or form whatsoever;
- 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, whatever the means of distribution used.
2.3 The User must not use any device, software or program that may interfere or attempt to interfere with the proper operation of the Site. Thus, the User undertakes, each time he uses the Site, to adopt normal and reasonable behavior and not to hinder, in any way whatsoever, its proper operation. 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 speed up the scrolling of the Site's contents in such a way as to modify or alter its operation;
- not to commit any other action having an equivalent disruptive effect on the functionalities of the Site;
- not to fraudulently access, maintain, hinder or disrupt the Site's access systems.
ARTICLE 3 - PRESENTATION OF SERVICES AND AVAILABILITY
3.1 Each school offers bilingual education (French and English) based on Montessori pedagogy for children aged 2 to 6.
For extra-curricular and vacation activities that cannot be registered on the Site, please visit https://123mesactivites.com/. Members only have access to the services to which they have 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 further 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 only.
3.3 Service offers and prices are valid for as long as they are visible on the Site, unless otherwise indicated. The services offered are subject to availability or to the presence of a sufficient number of participants.
In the event of unavailability of a service after subscription, the Member will be notified immediately by e-mail. In this case, the Member will be reimbursed for any sums already paid within 14 days of 123 Mon École sending the e-mail notifying the Member of the unavailability of the service in question.
ARTICLE 4 - ONLINE REGISTRATION AND PURCHASE PROCEDURES
4.1 Creating an Account
4.1.1 Submitting an online application for admission to the Site is an essential and mandatory prerequisite to any procedure offered on the Site. The User is automatically redirected to the Software Application in charge of subcontracting data relating to student admission. The User must then fill in the mandatory fields (marked with an asterisk) on the admission application form. Failure to provide and validate the mandatory information will prevent the application from being submitted and the Account from being created. At this stage, the Member undertakes to provide truthful information,
accurate and complete and to keep them up to date without delay. In order to inform 123 Mon École of any changes made to the data provided by the Member when creating his/her Account: - for billing information, the Member can modify this information by going directly to the "SEPA" section of the Software Application,
- in the case of changes to contact details, the Member may make the changes himself/herself by going directly to the "PROFILE" section of the Software Application, - in the case of data relating to his/her child's state of health, the Member must inform 123 mon école of any changes by contacting the administration whose contact details are given below.
In the event that the Member provides false, inaccurate, out-of-date or incomplete information, 123 Mon École is entitled to refuse any request for admission, registration or re-registration for the desired service, to suspend it or to cancel it under the conditions set out in article 4.2.7 of the general terms and conditions, without this giving rise to any obligation or compensation.
4.1.2 When creating an Account, the Member must choose personal access codes (a login and a password). The Member's access codes enable him/her to identify him/herself and to access his/her Account at all times, as well as to subscribe to the services offered on the Site. They also guarantee the confidentiality of the information contained in the Member's Account. It is therefore the Member's responsibility to protect the confidentiality of his/her Account and access codes. In the absence of proof to the contrary, any connection to the Software Application 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 and the Software Application in his or her own name, but also on behalf of third parties, including minors, unless fraudulent use resulting from no fault or negligence on his or her part can be demonstrated. Consequently, the Member undertakes to keep his or her access codes secret and to refrain from divulging 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 forgetfulness of their access codes, Members may generate new ones directly on the Software Application.
4.1.3 The Account allows the Member to consult the history of his subscriptions and purchases, his invoices and to download them in pdf format from his Account. Members are free to close their Account at the end of the contracted 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 retrieval of data will 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. Such deletion shall not constitute a loss for the Member, who shall not be entitled to claim any compensation as a result. Such deletion is not exclusive of the possibility for 123 Mon École to take legal action against the Member, where the facts justify such action.
4.2. The process for an initial application
4.2.1 Families wishing to enroll their children are invited to come and visit the school, in particular by registering for an individual appointment or one of the information meetings, where the 123 Mon Ecole team will present its operations and answer any questions. Registrations are made directly online from the Site.
4.2.2 Registration for the school education provided by the Establishment is compulsory and takes place online as indicated below:
The Member fills in the information requested in the application form, available on the Software Application, accessible from the Site under the "Visits and Registrations" tab. Unless otherwise specified, admission requests are made for a specific period, indicated on the Site. Moreover, the reference dates for admitting children are not the same for first-time applications or for re-registrations.
When applying for admission, the Member enters the school year in question. He/she provides information on his/her marital, family and professional status. He/she provides information on his/her child's state of health. He/she chooses the type of schooling, i.e. full-time or part-time.
or half-time. It defines the method of payment to be used for tuition fees (direct debit or payment by cheque), as well as the frequency (monthly or quarterly) of these payments.
They choose whether their child will be catered for in the school canteen or in a lunchbox, and how they will pay for it.
The form also includes all the authorizations requested by 123 mon école, i.e.: permission to go out on foot to the square or to a cultural establishment; permission to be photographed as part of school life, for families only; permission to communicate e-mail addresses to other parents at the school; permission to be taken to emergency in case of need.
Documents required for the application :
● A digital portrait photograph of the child
● Birth certificate or copy of birth certificate of child(ren)
● A medical certificate showing the validity of the child(ren)'s vaccinations
● Payment of the application fee (non-refundable and non-deductible from school fees) ● A copy of the "livret de suivi des apprentissages" for applications for admission during the kindergarten cycle.
Members are also asked to read the General Terms and Conditions and the Internal Regulations, which are also available on the Software Application.
Before clicking on the "Send" button, the Member can return to the previous pages to correct any errors, modify the application or cancel it. Finally, the Member validates the application by clicking on the "Send" button. Finally, the Member validates the application by clicking on the "Send" button, and pays the non-refundable application fee of 350 euros, which is not deductible from tuition fees. To do this, they will be redirected to the "Stripe" online payment platform.
4.2.3. The Member receives, as soon as possible, an e-mail confirming that the admission request has been taken into account and that the application fee has been paid.
They are then invited to return to their parent space to complete and sign the following documents online :
● General terms and conditions of sale and use of the 123monecole.com website ● Internal regulations of the Ensemble Scolaire 123 mon école
4.2.4 Response from 123 My School and confirmation of registration
The admission application is then validated by the Admissions Office, which informs the Member of the places available by e-mail, within a pre-determined time limit communicated on the Site. Members who receive a positive reply to their application for admission must provide 123 Mon Ecole management with the information requested by e-mail, i.e. the means of payment chosen to pay for their child's schooling (SEPA direct debits or cheques).
4.2.5 Documents required to close the application
● Provision of payment methods for tuition and ancillary fees (SEPA or cheques)
4.2.6 The application for admission to the School is only definitively validated and the child enrolled when the Member receives an e-mail from 123 My School confirming the School's express agreement to the child's admission and enrolment.
A certificate of civil liability is also required at the start of the school year.
4.2.7 Cancellation or refusal of admission by 123 My School
123 Mon École reserves the right to cancel or refuse any User application and child registration:
- with whom there is a major disagreement concerning the school's institutional operation or educational project,
- with whom there is a dispute relating to the payment of a previous service,
- who has failed in the past to comply with the provisions of the General Terms and Conditions and/or the Internal Regulations,
- in the event that 123 Mon École does not receive the chosen means of payment for school fees and options within the allotted time, following the e-mail confirming the child's admission,
- in the event of non-payment,
- if the information required to open a Member's Account and/or to pay for the service subscribed to and/or to carry it out is erroneous or cannot be verified,
- in the event of capacity being reached or an insufficient number of children enrolling.
4.2.8 Archiving
123 Mon École archives electronic admission confirmations sent to Members, as well as the General Conditions and Internal Rules signed by Members, 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.
4.3. The re-registration process
A request for admission for a child already enrolled at 123 Mon École is given priority by the Admissions Office. Subject to the availability of places, a child starting school at a 123 Mon Ecole school will be allocated a place for the duration of the nursery cycle, provided that the parents or legal guardians reapply each year, at the times and under the conditions previously defined and communicated to Members. The re-enrollment period and procedure are communicated to families by e-mail each year. The re-enrolment procedure for a child already enrolled at 123 Mon École is carried out by the Member online, as for a first application. Apart from the different deadlines, the procedure is carried out in accordance with the provisions of article 4.2 above.
4.4 : The mid-year admission process
Subject to availability, the Admissions Office may enroll a new child during the school year.
For a child entering the middle or large section during the year, the school may implement the following protocol:
- 1 to 2 days of immersion, whenever possible
- Contact with the child's school of origin,
- The learning logbook
The admission procedure is carried out by the Member online, as for an initial application. Apart from different deadlines, the procedure is carried out in accordance with the provisions of article 4.2 above. The calculation of the invoice will be adjusted according to the child's date of entry into the Establishment. The month during which the child is welcomed is billed in full.
ARTICLE 5 - PRICES - PAYMENT CONDITIONS
5.1. The price of services is shown on the Site and is accessible from the "Tuition Fees" section. Prices are indicated by School and by school year. Prices are given in euros. The total amount due by the Member is shown on the online application confirmation page, together with the payment methods chosen.
5.2. The price paid by the Member is that in force on the day of the online submission of the application for admission. 123 Mon École reserves the right to modify the price of its services at any time. However, services will be invoiced on the basis of the prices in force on the day the Member submits his or her online application for admission.
5.3 Payment of the application fee is 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 will be immediately debited from the Member's bank or postal account, and the admission application will be considered validated as soon as the card has been debited; - or by cheque, at the Member's request.
An invoice is sent to the Member by e-mail.
5.4 Payment of tuition and catering fees
5.4.1 Tuition fees are invoiced annually, and may be paid by cheque or direct debit, or in cash up to the legal limit of 1,000 euros, with an additional cheque for the balance of the invoice due. In the event of non-payment of school fees on the dates indicated on the invoice (monthly and/or quarterly payment schedule), the Management reserves the right to no longer accept the child at the School. Financial costs incurred by non-payment of subscribed services will be charged to the Member.
For children enrolled during the year, school fees will be invoiced on a prorata temporis basis, starting with the month in which the child starts school (any month begun is due), plus a flat-rate invoice corresponding to one month's additional schooling.
For example, if the child arrives in January, the school fees will be calculated prorata temporis over 6 months (from January to June), plus a flat-rate charge for an additional month's schooling.
Payment method:
● by cheque in three instalments, made payable to 123 Mon École, and remitted at the time of the child's admission.
● by quarterly or monthly direct debits
● in cash up to the legal limit of 1,000 euros, with additional payment by cheque for the balance of the invoice due
5.4.2 Meal charges are invoiced annually, as follows. In the case of year-round childcare, meal costs are calculated from the 1st day the child has lunch at school. Method of payment :
● by cheque in three instalments, made payable to 123 Mon École, and remitted at the time of the child's admission.
● by quarterly direct debit
● in cash quarterly up to the legal limit of 1,000 euros, with an additional payment by cheque for the balance of the invoice due
5.5 In the event of non-payment, the Establishment will contact the Member directly. If necessary, a reminder letter will be sent, possibly followed by a formal notice sent by registered mail with acknowledgement of receipt. Any new enrolment will only be possible once the costs of schooling and extra-curricular activities have been paid in full.
In the event of a payment incident, bank charges will be billed to the Member and the Establishment reserves the right to recover the sums due by any legal means. Members may also be charged for any costs incurred in making refunds.
5.6 It is expressly agreed and accepted by the Member that in the event of the School being closed due to a cause beyond the control of 123 Mon École (in particular due to an epidemic or pandemic), there will be no reimbursement of tuition fees, and educational continuity will be ensured during the closure of the School and/or if it is decided by the State or local authorities to change the school calendar to allow the postponement of teaching that could not be provided.
ARTICLE 6 - FOLLOW-UP OF APPLICATIONS FOR ADMISSION
Members may follow the progress of their registration by contacting the Admissions Office, whose contact details are given in article 8 below, if they have any questions. They can also visit the dedicated space on the Software Application.
ARTICLE 7 - RIGHT OF WITHDRAWAL AT THE TIME OF REGISTRATION
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 retraction, without reason or cost, within 14 clear days from receipt of the e-mail by which 123 Mon Ecole confirms acceptance of his application for admission and enrolment of his child in the School.
The right of retraction can be exercised as soon as the admission application is submitted online, without even waiting for the e-mail from 123 Mon École informing the Member of its agreement. The application fee remains payable to 123 Mon École. The Member is informed of this condition when submitting the admission application for his/her child.
When the 14-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. Members may exercise their right of withdrawal by sending the standard withdrawal form (download the withdrawal form by clicking here), or any other unambiguous statement expressing their 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: contact@123monecole.com.
Tuition fees, meals and childcare already paid will be reimbursed. This refund will be made as soon as possible and at the latest within 14 days of the date on which 123 Mon Ecole was informed of the Member's decision to withdraw. Refunds will be made according to the original method of payment used by the Member at the time of registration.
ARTICLE 8 - THE ADMISSIONS OFFICE
For any information or questions about schooling at the School or other services offered on the Site, the Admissions Office is available to Users from Monday to Friday, 9am to 5pm: Tel: +33 (0)1 71 37 32 46 (call not surcharged from a landline in France) E-mail: contact@123monecole.com Address: 123 Mon Ecole 28 rue Frémicourt 75015 Paris.
ARTICLE 9 - INTELLECTUAL PROPERTY
9.1 All logos, trademarks, 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 and all the information brought to its attention in a manner likely to 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 - CANCELLATION AND TERMINATION CONDITIONS
10.1 A child's enrolment in the school is for a fixed period corresponding to one school year.
10.2 123 Mon École reserves the right to cancel a child's enrolment during the school year for non-payment or for serious reasons.
123 Mon Ecole considers a serious reason to be any conflict or dispute that has not been resolved between the School and the Member. If the Member, or a student, undermines the smooth running of the school, denigrates or disrespects any member of the educational community, this may lead to the termination of the child's enrolment in the school. Depending on the seriousness of the situation, the student's registration may be terminated immediately or, in the best-case scenario, at the end of a school term.
10.3 In accordance with article 7, in the event of cancellation of registration by the Member, the application fee remains the property of 123 Mon École and will not be reimbursed once the application has been processed.
10.4 If a Member cancels his/her child's enrolment after the expiry of the cooling-off period (14 days), but before the 1st day of the child's schooling, the school fees for the first term remain payable to 123 Mon Ecole, 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, upon presentation of official proof,
● is the result of a decision by 123 Mon École.
10.5 If a child leaves the school during the year, the full tuition fee is due, except in the case of :
● 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, upon presentation of official proof,
● is the result of a decision by 123 Mon École.
Therefore, in the event of force majeure as defined in article 1218 of the French Civil Code, a legitimate and compelling reason or a decision by 123 Mon Ecole, forcing the child to leave the school, only the current month's tuition and catering fees will be retained, in proportion to the days spent by the child at the school.
In all other cases, only the cost of meals will be reimbursed to the Member, in proportion to the number of days spent by the child at the school, and on condition that the 123 Mon Ecole management is notified at least one month before the child's planned departure date by registered letter with acknowledgement of receipt.
10.6 In any case, the Member whose child leaves the School prematurely during the school year must inform the 123 Mon École Management by registered letter, as well as by e-mail to the 123 Mon École head office, at the following address: contact@123monecole.com
ARTICLE 11 - EFFECTS OF TERMINATION OF THE SUBSCRIBED SERVICE - CLOSURE OF THE ACCOUNT The expiry or termination of the subscribed service, for any reason whatsoever and by whomever caused, immediately and automatically results in the deactivation of access to the Member's Account. The Member will be informed by e-mail or letter of the deactivation of his or her Account. In the event of closure of the Member's Account, for whatever reason, the Member will no longer be able to order online on the Site from the effective date of closure of his or her Account. Whatever the cause, closure of the Member's Account does not entitle the Member to any compensation whatsoever.
ARTICLE 12 - PROCESSING OF PERSONAL DATA - COOKIES
12.1 The Data Controller who collects Users' personal data on the Site and implements the processing of their data is :
The company 123 Mon Ecole " Société par actions simplifiée with a capital of 5.000 euros, registered under the number 752 469 353 (R.C.S. Paris) with registered office at 28 rue Frémicourt - 75015 Paris (France - France - phone : 33 (0)1 71 37 32 46 - email : contact@123monecole.com.
12.2 123 Mon Ecole strives to protect the privacy of the Site's Users by complying with current French regulations. Thus, 123 Mon Ecole takes care to adopt and respect a data processing policy that complies with current regulations. As such, 123 Mon Ecole complies with applicable European law on the protection of personal data, and in particular, the European General Regulation on the Protection of Personal Data n°2016/679 of April 27, 2016 (known as "RGPD"), as well as French legislation taken in application thereof (i.e. the "Informatique et Liberté" law of January 6, 1978).
On each of the data collection forms on the Site and Software Application, Users are informed in particular of the purposes for which their data collected via the form is processed, whether replies are mandatory or optional (indicated by an asterisk) and the consequences of failing to reply, how long their data will be kept, to whom it will be sent, and of the existence and procedures for exercising all their rights. In order to register for the services offered on the Site, the Member must provide information. Information marked with an asterisk is required to open the member's
Account and to register for the desired services. In their absence, 123 Mon Ecole will not be able to process the enrolment request and the Member will not be able to submit the enrolment form online. The other information requested is optional and is intended to help us get to know the Member and the child better, in order to improve the services provided by 123 Mon Ecole and the School where the child will be enrolled. The Member is free not to reply.
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.
Personal data is collected, depending on the case, either automatically as a result of Users' visits and/or actions on the Site and Software Application, or directly from Users (via a collection form that Users fill in voluntarily), or indirectly via 123 Mon Ecole's partners or social networks.
Thus, 123 My School collects the personal data of Users when :
● they browse the Site and the Software Application,
● they fill in forms online,
● their relatives subscribe to one of the services on the Site in which they will participate, ● they subscribe to one of the 123 Mon École newsletters
● they contact 123 Mon Ecole (by email or telephone)
● they pay online,
● they send their testimonials and opinions to be published on the Site,
● they share content from the Site or their opinion of it via Facebook, Instagram, Twitter and Linkedin from the Site.
12.3 123 Mon Ecole takes into account the principles of data minimization, data protection by design and data protection by default. Consequently, personal data is only collected if it is relevant, adequate and limited to what is necessary for the purposes for which it is processed.
123 Mon École may collect and process Users' personal data (particularly when they have become Members) and the following information:
● the first and last names of Users and their children,
● their civility,
● their email address,
● their age,
● their date of birth,
● their nationality,
● their telephone numbers (landline and/or mobile),
● their professions,
● data on the child's mandatory vaccination status at the time of enrolment or re-registration
● medical information that may have an impact on the child's schooling or on the organization of the School due to the need for specific care (in particular the presence of a handicap requiring special care or adaptation of the conditions of reception, implementation of a PAI, with the express consent of the Users,
● if necessary, information concerning the child's specific diet ● their login and password,
● a digital photograph of their child with the express consent of the Users, ● information relating to the chosen means of payment (including in particular the bank card number and its expiry date, as well as the bank card holder),
● proof of insurance, cancellation or damage,
● the history of services ordered, offers consulted and any complaints, ● the list of services performed and any cancellations,
● the User's experience of the Site and the services provided.
In certain cases, 123 Mon Ecole may collect information that the User provides about other people. 123 Mon Ecole uses this information only to respond to the User's request and will not send any commercial communications or newsletters to these persons unless they choose to receive communications from 123 Mon Ecole.
12.4 Users' personal data is collected for specific, explicit and legitimate purposes.
Depending on the case, Users' personal data may be used to: ● enable them to access and use the Site,
● enable them to become Members
● managing their inquiries,
● processing and managing their school registration,
● manage their Account and personalize their profile,
● allow a better description of the services presented on the Site,
● the performance of profiling operations in order to personalize 123 Mon École's service offering based on the User's various experiences on the Site and services already performed, ● online payments,
● relationship management and follow-up (telephone/email), in particular to contact Users about their child's schooling and to deal with the various aspects of their child's school life (mail, invoices, insurance, educational follow-up, etc.),
● managing and monitoring the exercise of Users' rights,
● facilitate navigation on the Site,
● the sending of support or service-related messages, updates, security alerts, ● the sending of 123 Mon École newsletters to which Users have subscribed, and commercial offers. If the Member no longer wishes to receive newsletters and commercial solicitations, he/she may request this at any time by writing to the following e-mail or postal addresses: contact@123monecole.com or 123 Mon École, service des newsletters, 28 rue Frémicourt 75015 Paris (France).
● notification management,
● personalization and improvement of online services and advertising,
● Site security,
● verify or authenticate information transmitted by Users,
● to compile statistics and performance data in order to analyze Site activity and improve the services offered (and in particular for audience measurement and statistics such as the number of pages viewed, the number of visits, as well as the activity of Users on the Site or the geographical area in which they live),
● detecting and preventing fraud (including identity theft), security incidents and other abusive and/or illicit activities (including the creation of false accounts, hacking), ● keeping connection logs,
● comply with 123 Mon Ecole's legal obligations.
123 Mon École may also use the personal data collected for administrative purposes or for any other purpose required by current legislation.
12.5 Personal data is processed by 123 Mon Ecole only in the cases permitted by the applicable regulations, and in particular under the following conditions:
● when the User has given free, specific, informed and unambiguous consent to the processing of his/her personal data (e.g.: subscription to newsletters, sending of commercial solicitations),
● when this is necessary for the execution of the services ordered or of pre-contractual measures taken at its request (e.g.: the creation of the Account, the execution of services, the follow-up of schooling, the invoicing and payment of services, the execution of any other current or future service related to the use of the Site),
● to comply with legal or regulatory obligations (e.g. invoice retention, fraud prevention),
● when 123 Mon Ecole's legitimate interests may be such as to justify processing by it (e.g.: publicizing its services, carrying out profiling operations, implementing IT security measures).
Information in accordance with the applicable law is provided in each case.
12.6 The personal data collected is intended for the company 123 Mon École, which is responsible for its processing. More specifically, it is used by the following internal departments: administration, personal data management and accounting.
This data may also be transmitted to the School where the child is enrolled, to 123 Mon École's service providers or subcontractors who contribute to the processing of admission applications submitted on the Site and Software Application, to online payments 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 admission application, some of this data may also be communicated to other parents who have registered their children with the Establishment. Under no circumstances will this data be passed on to third parties for advertising or canvassing purposes. Similarly, 123 Mon Ecole will not sell or rent any information or personal data transmitted by the Member without his or her express prior consent.
123 Mon Ecole may also transmit personal data to police authorities in the context of legal requests concerning the fight against fraud or the protection of minors.
Data (notably relating to User identification) is also shared with third parties when the User uses the social buttons present on the Site. Such use is governed by the terms of use of the social networks concerned, which the User is invited to consult.
12.7 Personal data is protected by technical and organizational measures that comply with French and European legal and regulatory requirements, ensuring its security and confidentiality.
In particular, 123 Mon Ecole uses protection technologies, such as "Cookieyes" (RGPD compliant), "CCPA". 123 Mon Ecole has also implemented regular software updates for all 123 Mon Ecole servers, antivirus systems and daily back-up procedures. Likewise, only authorized persons have access to the premises where the 123 Mon Ecole servers are located, all of which are installed in a secure room.
All online payment transactions are carried out via secure payment systems. Confidential payment data is transmitted directly and encrypted to the corresponding institution.
123 Mon Ecole ensures, under the terms of written commitments and signed contracts, that its service providers, personal data hosts and subcontractors present the necessary guarantees and implement sufficient security measures to ensure the protection of personal data whose processing is entrusted to them, in accordance with the requirements of current regulations on the protection of personal data.
Although 123 Mon Ecole takes reasonable measures to protect Users' personal data, no transmission or storage technology is totally infallible. In accordance with applicable regulations, in the event of a proven breach of personal data likely to generate a high risk for the rights and freedoms of Users, 123 Mon Ecole undertakes to communicate this breach to the competent supervisory authority and, where required by the said regulations, to the persons concerned (individually or generally as the case may be). Without prejudice to the foregoing, it is the responsibility of Users to exercise caution to prevent any unauthorized access to their personal data and terminals (computer, smartphone, tablet,). `
In addition, the Site provides the User with links to third-party websites that may be of interest. 123 Mon Ecole has no control over the content of these third-party sites or over the practices of these third parties with regard to the protection of any personal data they may collect. As a result, the following applies
123 Mon Ecole declines all responsibility concerning the processing by these third parties of personal data, which is not subject to its personal data protection policy. It is the User's responsibility to find out about the personal data protection policies of these third parties.
12.8 The personal data collected and the supporting documents relating thereto are not kept beyond the duration of the child's enrolment in the Establishment or the examination of applications for admission for which no action has been taken, with the exception of :
- data enabling the proper payment of subscribed services, which are kept for the time required to collect the sums due,
- the surnames, first names and e-mail addresses of Members who have expressly agreed to receive the 123 Mon Ecole newsletter and its commercial offers. This data is kept only until the Member requests 123 Mon Ecole to delete it, and in any case for no longer than 3 years from the date of collection.
Some of this data is then archived with restricted access for a further period, for strictly defined reasons (legal obligations or evidential purposes) and authorized by law (payment, unresolved dispute, warranty, etc.), or is used for statistical purposes after being anonymized. After this archiving period, personal data is deleted. However, there are special cases where the retention period for personal data is shorter.
When the User exercises his/her rights in application of the regulations on the protection of personal data, 123 Mon Ecole may keep a copy of his/her identity document for a maximum period of 12 months for requests for the right of access and rectification and 3 years for the exercise of the right of opposition.
Cookies are kept for a maximum of 13 months from the time they are placed. Similarly, IP addresses relating to visits to the Site are kept (after being anonymized) for a maximum of 13 months.
In principle, credit card data is deleted once the transaction has been completed, i.e. as soon as payment has been made. However, deletion may be deferred until the service ordered has been performed, plus the withdrawal period, if applicable. In the case of payment by credit card, the card number and its validity date may be kept in an intermediate archive for the legal period of 13 months following the debit date, for the purpose of proof in the event of any dispute concerning the transaction. This period may be extended to 15 months to take account of the possibility of using deferred debit cards. This data must only be used if the transaction is contested.
Data relating to the visual cryptogram is not stored. When the card expiry date is reached, the card data is deleted.
Finally, unless the Member objects, a digitized 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. In addition, the educational activities carried out as part of the schooling provided sometimes involve the use of a camera. Children may therefore be photographed or filmed on these occasions. In accordance with current legislation concerning personal image rights, these images may only be taken and distributed with the prior and express authorization of the Member, and will be strictly limited to publication on the Site's secure blog, accessible only to families who have registered their children for schooling. 123 Mon Ecole will not use these images for any commercial purpose whatsoever. The conservation period of these images and their diffusion will be limited to 12 months. The captions accompanying the photographs and/or films will not harm the reputation of the child and/or the Member or their private life. The Member may, at any time, remove the images from the Site's blog and object to any further dissemination by sending an e-mail to the following address: contact@123monecole.com.
12.9 Subject to the limits provided for by the regulations in force, each User has the following rights with regard to his/her personal data:
Right of access
The User has the right to obtain from 123 Mon Ecole confirmation as to whether or not personal data concerning him or her is being processed and, if so, to request access to said personal data, including the purposes for which it is being processed and the recipients. This right is not absolute, however, insofar as 123 Mon Ecole must take account of the rights and freedoms of others.
In this respect, the User may request to receive an electronic copy (for any additional copy, 123 Mon Ecole is entitled to demand payment of a reasonable fee based on the administrative costs incurred).
Before responding to a User's request, 123 Mon Ecole is required by law to verify the User's identity. 123 Mon École may also ask the User to provide further information in order to respond to the request.
Right of rectification
The User has the right to request the correction of any personal data concerning him/her that may be incorrect, and the limitation of its processing for the time required to correct it. The User also has the right, depending on the nature of the processing, to request that the personal data in the possession of 123 Mon Ecole be completed. In this case, 123 Mon Ecole may ask the User for proof.
Right to object
Where the collection and processing of personal data is based on the User's consent (e.g. registration for newsletters, use of cookies), the User has the right to withdraw consent at any time.
However, 123 Mon Ecole is entitled to refuse the User's request if it can be shown that there are legitimate and compelling reasons for processing the User's personal data which override the User's interests, rights and freedoms, or for establishing, exercising or defending legal claims. In accordance with current regulations, the withdrawal of the User's consent is valid only for the future and does not call into question the lawfulness of the processing carried out prior to this withdrawal.
Right not to be the subject of a decision based exclusively on automated processing Subject to certain limitations, the User has the right to object to being the subject of a decision based exclusively on automated processing, including profiling, producing legal effects concerning him or her or significantly affecting him or her in a similar way.
Right to erasure ("right to be forgotten")
The User may also request the deletion of his/her personal data in the following cases: ● their personal data is no longer necessary for the purposes for which it was collected or otherwise processed,
● he/she wishes to withdraw his/her consent on which the processing of his/her personal data was based and there are no other legal bases justifying such processing,
● he considers and can establish that his personal data has been processed unlawfully, ● his personal data must be erased by virtue of a legal obligation.
Alternatively, the User may, within the limits provided by law, request that the processing of his/her personal data be restricted.
Notwithstanding the exercise of the User's right to erasure or limitation, 123 Mon Ecole may retain some of the User's personal data when required or authorized to do so by law, when 123 Mon Ecole has a legitimate reason to do so, for the exercise or defense of legal rights (such would be the case if 123 Mon Ecole believes that the User has violated the Terms and Conditions).
Right to limit the processing of personal data
The applicable regulations provide that this right may be invoked in certain cases, in particular the following:
● When the User disputes the accuracy of his/her personal data,
● When the User considers and can establish that the processing of his/her personal data is unlawful but objects to the erasure of his/her personal data and instead demands the limitation of the processing,
● when 123 Mon Ecole no longer needs the User's personal data but they are still necessary for the establishment, exercise or defence of legal rights, ● when the User objects to processing that would be based on 123 Mon Ecole's legitimate interest, during the verification as to whether the legitimate motives pursued by the data controller prevail over his/her own.
Right to portability of personal data
The User may, within the limits of the law, ask 123 My School to
● on the one hand, to retrieve, in a commonly used and readable structured format, the personal data that it has communicated to 123 Mon Ecole in an automated manner and,
● on the other hand, to transmit these personal data to another data controller without 123 Mon Ecole being able to object.
Right to lodge a complaint with a supervisory authority
If, despite 123 Mon Ecole's efforts to preserve the confidentiality of the User's personal data, the User believes that his or her rights have not been respected, he or she has the right to lodge a complaint with a supervisory authority.
For France, this is the CNIL (https://www.cnil.fr/fr).
A list of supervisory authorities is available on the European Commission's website at https://ec.europa.eu/info/law/law-topic/data-protection_en.
Right to decide what happens to personal data after death
Finally, the User has the right to organize the fate of his/her personal data post-mortem by adopting general or particular directives. 123 Mon Ecole undertakes to respect these directives. In the absence of directives, 123 Mon Ecole recognizes the possibility for heirs to exercise certain rights, in particular the right of access and the right to oppose the processing of the User's personal data.
12.10 For any question relating to 123 Mon Ecole's personal data protection policy and/or to exercise his rights as described in article 12.9, the User may contact the company 123 Mon École, by electronic or postal means, by sending a letter specifying the right(s) he wishes to exercise accompanied by a copy of an identity document and indicating his first and last name and, if applicable, those of his child to the following e-mail address: contact@123monecole.com or to 123 Mon École - 28 rue Frémicourt 75015 Paris (France).
123 Mon Ecole undertakes to reply to the User as soon as possible, and in any event within one month of receipt of the request.
If necessary, this deadline may be extended by two months, depending on the complexity and number of requests sent to 123 Mon Ecole. In this case, the User will be informed of the extension and the reasons for the postponement.
If the User's request is submitted electronically, 123 Mon Ecole will also respond electronically whenever possible, unless the User expressly requests otherwise.
If 123 Mon Ecole does not comply with the User's request, 123 Mon Ecole will give the reasons and the User will then have the possibility of lodging a complaint with a supervisory authority (in France, the CNIL) and/or of taking legal action.
12.11 123 Mon Ecole will in principle store the User's personal data in the European Union.
12.12 The Site uses third-party software applications that enable the User to share Site content with other people, or to inform these other people of the User's opinion regarding Site content. This is notably the case for the "Share" and "Like" buttons on social networks (Facebook, Twitter, Instagram, Linkedin).
The use of social networks by the User to interact with 123 Mon Ecole is likely to result in exchanges of data between 123 Mon Ecole and these social networks. For example, if the User is connected to the Facebook social network on his/her computer and consults a page of the Site, Facebook is likely to collect this information. Similarly, if the User clicks on the "Instagram" button on a page of the Site, Instagram will collect this information. If the User does not wish the social network to link the information collected via the Site to his/her account, he/she must disconnect from the social network before visiting the Site.
In any event, 123 Mon Ecole advises the User to consult the privacy policies of these social networks in order to become aware of the personal data they may collect through these application buttons as well as the purposes for which their data is used, in particular to
for advertising purposes. The User may configure access and confidentiality directly on the social networks.
12.13 Cookies
123 mon école participates in and complies with all IAB Europe Transparency & Consent Framework Specifications and Policies. 123 mon école uses Consent Management Platform n°92.
You can change your choices at any time by clicking here.
When Users consult the Site, information relating to their browsing activities may be recorded in text files called "cookies" placed on their terminal (computer, mobile or tablet), subject to their choices concerning cookies, which they may modify at any time. Only the sender of a cookie is likely to read or modify the information contained therein. 123 Mon Ecole uses a solution which consists of offering the user the possibility of personalizing his or her choices, in order to manage the collection of consent or refusal to deposit or read cookies, and to respect the user's right to withdraw his or her consent. The simple fact of visiting the Site (home page or directly on another page of the site from a search engine for example) does not imply acceptance and does not lead to the installation of cookies subject to your prior consent. As long as the User has not accepted them, no cookie subject to prior consent will be deposited or read on the User's terminal. Refusal to give consent or lack of choice does not prevent access to the Site.
These cookies are issued by 123 Mon Ecole in order to facilitate browsing on the Site and to ensure the smooth operation of certain services (in particular the online validation of admission applications).
Third-party cookies may also be placed in order to identify the services consulted on the Site and thus compile statistics. These cookies enable 123 Mon Ecole to determine the use and performance of the Site, and to compile statistics and volumes of visits to and use of the various elements of the Site (content visited, path taken), enabling it to improve the interest and ergonomics of the services (the pages or sections most frequently consulted, etc.). Cookies are also used by 123 Mon Ecole to count visitors to a page. These cookies are placed by Google Analytics and are governed by its cookie policy.
The issuance and use of cookies by third parties are subject to the privacy policies of those third parties. 123 Mon Ecole has neither access to nor control over third-party cookies. However, 123 Mon Ecole ensures that partner companies process the information collected on the Site in compliance with the French Data Protection Act. Members can always refuse third-party cookies by adjusting their browser settings accordingly.
If the User shares the use of his/her terminal with others.
If the User's terminal is used by several people or has several browsers, 123 Mon Ecole cannot assure the User with certainty that the services and advertisements intended for his terminal correspond to his own use of this terminal and not to that of another user of this terminal.
Consequently, the sharing with other persons of the use of the User's terminal and the configuration of the User's browser settings with regard to cookies are the User's free choice and responsibility.
In addition to the fact that the User can continue to visit the Site by refusing cookies, several options are also available for managing cookies.
If the User refuses to accept cookies or modifies their settings, he/she may experience changes to his/her Internet browsing and conditions of access to certain services on the Site requiring the use of cookies. As a result, their visit to the Site and the security of their browsing may be impaired. Similarly, certain pages and functions may be inaccessible.
The User may express and modify his or her wishes with regard to cookies at any time, by the means described below.
The User may configure his browser software so that cookies are stored on his terminal or, conversely, so that they are rejected, either systematically or depending on the sender. The User may also configure his or her browser so that the acceptance or rejection of cookies is automatic.
refusal of cookies will be proposed to the user from time to time, before a cookie is likely to be recorded in his terminal.
The User's choices are never final. At any time, the User may deactivate all or part of the cookies, free of charge, using the procedure described below.
If the User's browser is configured to refuse all cookies, he or she will not be able to create an Account or take advantage of the Site's essential functions.
The configuration of each browser is different. It is described in the help menu of the User's terminal browser, which will enable him/her to know how to modify his/her wishes with regard to cookies. The User can deactivate or delete cookies by using the browser options. As each browser is different, the User is invited to consult the instructions for his or her browser in order to configure it accordingly.
● Firefox TM : 0. Open Firefox
1. Press the "Alt" key
2. In the menu at the top of the page, click on "Tools" then "Options".
3. Select the "Privacy" tab
4. In the drop-down menu to the right of "Retention rules", click on "Use custom settings for history".
5. A little further down, uncheck "Accept cookies".
6. Save your preferences by clicking "OK" Read more
● Internet Explorer TM: 0. Open Internet Explorer
1. Select "Internet Options" from the "Tools" menu
2. Click on the "Privacy" tab
3. Click on "Advanced" and uncheck "Accept".
4. Save your preferences by clicking "OK" Read more
0. Open Google Chrome
1. Click on the tool icon in the menu bar
2. Select "Options
3. Click on the "Advanced options" tab
4. In the "Cookie settings" drop-down menu, select "Block all cookies".
0. Open Safari
1. In the top menu bar, click on "Safari", then "Preferences".
2. Select the "Security" icon
3. Next to "Accept cookies", check "Never".
4. If you want to see the cookies that are already saved on your computer, click on "Show cookies" Read more :
● Google Chrome TM :
● Safari TM :
These cookies are stored 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 anonymized.
For further 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 liable 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 cases of force majeure or the occurrence of an event beyond the control of 123 Mon Ecole and subject to any breakdowns and maintenance operations 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, 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 "as is" and subject to availability;
- the User is liable for any damage to his or her equipment and/or loss of data resulting from downloading or consulting the Site;
- it is therefore the User's responsibility to take all appropriate measures to protect his/her own data and/or software from contamination by any viruses circulating through the Site; - no advice or information, whether oral or written, obtained by the User from 123 Mon École or during use of the Site is likely to create guarantees not expressly provided for in the General Conditions;
- the User is solely responsible for his or her use of the Site;
- the communication of its access codes or in a general way of any information considered confidential is made under its own responsibility;
- It is the User's responsibility to take all necessary measures to ensure that the technical characteristics of their equipment allow them to consult the Site.
13.1.4 The Site may include hypertext links to other sites. The User therefore acknowledges that 123 Mon École shall not be held liable for any damage or loss, whether actual or alleged, resulting from or in connection with the use or knowledge of the content, advertising, products or services available on these external sites or sources. Likewise, 123 Mon École cannot be held liable if the User's visit to one of these sites causes him or 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 is or appears to be non-compliant with the requirements of French law, the User undertakes to immediately contact the Site's Publishing Director, whose contact details appear in the Site's legal notices, 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 will have failed in their contractual obligations insofar as their execution will be 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 Terms and Conditions have been drafted in the French language, which will in all cases be considered 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 resulting therefrom or arising therefrom, and all claims and disputes between the parties, shall be governed by French law, irrespective of the nationality of the User (Member or ordinary Internet user) or his/her address.
14.3 In the event of a 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: contact@123monecole.com or by post 123 mon école, service litige, 28 rue Frémicourt, 75015 Paris - France), indicating his/her surname, first name, address, email address and, if applicable, the surname and first name of the child concerned.
14.4 The User (Member or simple Internet user) may also have recourse to mediation. The Mediator is neither a judge nor an arbitrator; he/she is a neutral, impartial third party, independent of 123 Mon École. To this end, 123 Mon École offers the User (Member or simple Internet user) free recourse to the Association des Médiateurs Indépendants d'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 123 Mon École's litigation department has not responded satisfactorily to the User's written request (Member or simple Internet user).
In this case, the User (Member or ordinary Internet user) may contact the mediator via the Internet at www.amidif.fr or by sending an e-mail to contact@amidif.com 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 arising from the application of the General Terms and Conditions and/or arising from enrolment in the schooling provided at the Establishment and in the Wednesday Workshops will be submitted exclusively to the competent French courts, even in the event of a warranty claim, multiple defendants or incidental claim.
