Terms and Conditions
innerfrench.com

🇫🇷 Aussi disponible en français ici.

🇵🇱 Dostępne również w języku polskim tutaj.

Last update 01/12/2021.

Hello!

Below you will find the website terms and conditions, which describe, among other things, the rules of using the website, purchasing access to my courses, submitting complaints, and processing personal data.  

If you have any questions or concerns regarding these Terms and Conditions or the website, I am at your disposal at bonjour@innerfrench.com.

I wish you a fruitful use of the website.

Best regards

§ 1
Definitions

For the purposes of these Terms, the following terms are used:

  1. User—a natural person, a legal person, or a legal person without corporate status
  2. Consumer—a natural person concluding a contract with the Administrator when the contract is not directly related to their business or professional activity; a Consumer is also a User,
  3. Website—the website available at https://innerfrench.com/,
  4. Terms—these Terms and Conditions, available at: https://innerfrench.com/
  5. Administrator—Hugo Cotton conducting business activities under the name Hugo Cotton, Nowy Świat 54/56/1, 00-363 Warszawa, TIN 5252604303.

§ 2
Preliminary provisions

1) Through the Service, the Administrator sells digital content and at the same time provides electronic services to the Buyer in accordance with § 3 of the Terms.

2) These Terms define the terms and conditions of using the Website as well as rights and obligations of the Administrator and the User.

3) In order to use the Website and digital content made available through the Website, it is not necessary for the computer or other device of the User to meet specific technical conditions. The following shall be sufficient:

    1. Internet access,
    2. a standard operating system,
    3. a standard web browser,
    4. an active email address.

4) The User can browse the Website without providing personal data, but adding a comment, subscribing to the newsletter, contacting the Administrator, or concluding a contract for the provision of digital content require providing certain personal data.

5) It is forbidden for the User to provide unlawful content, in particular by sending such content through the forms available on the Website.

6) All prices listed on the Website are gross prices.

§ 3
Electronic services

1) Through the Website, the Administrator provides the User with an electronic service consisting in providing the Buyer with the possibility of viewing the publicly available content of the Website, which consists of text, graphics, and audiovisual content.

2) Through the Website, the User may subscribe to a newsletter published by the Administrator. If the User decides to subscribe to the newsletter, the Administrator also provides the User with an electronic service consisting in sending the User email messages containing information about new products, promotions, services, and products related to the Website. The User may unsubscribe from the newsletter at any time by clicking the unsubscribe button visible in each message sent as a part of the newsletter or by sending a relevant request to the Administrator.

3) The services referred to above are provided to the User free of charge. However, the contracts for the supply of digital content concluded via the Website, referred to below, are payable.

4) The Administrator provides the User with an electronic service consisting in enabling the User to conclude a contract with the Administrator for the supply of digital content in the form of paid online courses.

5) The conclusion of a contract for the supply of digital content also leads to the creation of a User account on the Website. An account is necessary for the User to be able to use the digital content. The User logs in to the account using their email address and the password they have defined. The User account remains active for an indefinite period of time, until the account is deleted by the User or the Administrator terminates the business activity.

6) A User who has access to digital content provided by the Administrator for a fee may also use the comments module that allows adding and reading comments under individual content included in the online courses.

7) In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Website, the Administrator shall take technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.

8) The Administrator takes actions in order to ensure fully proper functioning of the Website. The User should inform the Administrator about any irregularities or interruptions in functioning of the Website.

9) All complaints related to the functioning of the Website may be reported by the User via email to the address bonjour@innerfrench.com. In the complaint, the User should specify the type and date of the irregularity related to the functioning of the Website. The Administrator will consider all complaints within 30 days of receiving the complaint and will inform the User about its resolution to the email address of the complainant.

§ 4
Intellectual property rights

1) The Administrator hereby informs the User that the contents available on the Website constitute works as defined by the Act of 4 February 1994 on Copyright and Related Rights and that the Administrator is the owner of the copyright to those works.

2) The Administrator hereby informs the User that further distribution of the content by the User without the Administrator’s consent, with the exception of using the content within the framework of permitted personal use, constitutes an infringement of the Administrator’s copyright and may result in civil or criminal liability. 

§ 5
Content access

1) Some educational materials (texts, graphics, videos) are available on the Website free of charge. However, if the User wants to gain access to paid content or be able to use additional paid functions (adding and reading comments under particular content), they have to conclude a contract with the Administrator on providing digital content.

2) The contract is concluded as a result of placing an order. Placing an order is done by filling out the order form, in which it is necessary to provide the data necessary for the execution of the order. Placing an order requires acceptance of these Terms, with which the User should first become familiar. In case of any doubts concerning the Terms, the User can contact the Administrator.

3) The process of placing an order ends with clicking the button finalizing the order. Clicking the button that finalizes the order is a statement of the User’s will, concluded by a delivery contract for digital content with the Administrator.

4) After the order has been paid for, the Administrator shall send the User a message to the email address provided in the order, in which shall be provided instructions on how to access the purchased content.

5) The User who has purchased a course receives unlimited access to it for an indefinite period of time. The User may lose access to the course if they decide to delete the user account on their own or if the Administrator discontinues his business activities and ceases to maintain the Website.

§ 6
Payment

1) Payment is handled by a third party operator, Stripe Payments Europe, Limited, C/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, 662880.

2) There is also an option to pay via PayPal operated by PayPal (Europe) S.à r.l. et Cie, S.C.A. (R.C.S. Luxembourg B 118 349).

3) When making a payment, the User uses the service provided by the entity that handles the payment. The Administrator does not have access to the User’s payment data. 

§ 7
Impermissible contact

1) The User is obliged to use the Website and the digital content provided to the User through the Website in a manner compliant with the law, good practices, and the Terms. In particular, it is not allowed to:

  1. send illegal content through the forms available on the Website, in particular content that is offensive, racist, discriminatory, inciting aggression or hatred, sexist, pornographic, 
  2. use the Website for marketing activities, in particular to publish comments on the Website of an advertising, marketing, promotional, or sales nature,
  3. publish content on the Website that infringes personal rights or intellectual property rights, in particular copyrights,
  4. use the Website in a way that is burdensome for other Users or the Administrator,
  5. take any actions aimed at disturbing the proper functioning of the Website, in particular by using malicious software,  
  6. use the content available on the Website beyond the limits of permitted personal use, in particular to distribute such content outside the Website,  
  7. share user account access data with other people.

2) In the event of unauthorized use of the Website, the Administrator is entitled to terminate with immediate effect the agreement concluded with the User by sending the relevant information to the email address assigned to the User’s account and block the User’s access to the User’s account. In such a situation, the User is not entitled to a refund of the previously paid subscription fee. The unused portion of the fee shall be treated as a contractual penalty for unauthorized use of the Website. 

§ 8
Administrator's liability

1) The Administrator provides round-the-clock access to the Website, however he reserves the right to apply short breaks in access for technical reasons. However, the Administrator shall make every effort to ensure that technical interruptions last as short as possible. 

2) Administrator provides support necessary for the proper functioning of the Website. Any irregularities or interruptions can be reported by sending a notification to bonjour@innerfrench.com.

3) The Administrator shall not be liable to the User for failure to perform or improper performance of the service for reasons arising from:

  1. interruptions in the delivery of the service or unavailability of the Website, which will be independent of the Administrator or resulting from events that the Administrator could not foresee,
  2. improper functioning of the Website independent of the Administrator, in particular resulting from problems caused by telecommunications operators, suppliers of telecommunications connections and electricity,  
  3. access to accounts functioning within the Website by unauthorized persons due to circumstances attributable to the User,
  4. dangers related to the use of the network by the User: hacker attacks, infecting the system by viruses, or similar events,
  5. the User’s acts and omissions, including in particular the User’s use of the Website in a manner inconsistent with applicable law, these Terms, good practices, or accepted customs,
  6. force majeure.

4) If any liability of the Administrator related to the Website is recognized, such liability shall be limited to the amount paid by the User in connection with the use of the Website.

5) The provisions excluding or limiting the Administrator’s liability do not apply to the Consumer. Starting from 01/01/2021, these provisions also do not apply to a natural person concluding a contract with the Administrator directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions of the Central Electronic Register and Information on Economic Activity—in the case of such a person the choice of court shall be considered in accordance with general principles.

§ 9
Consumer's special rights

1) The Consumer who has entered into a remote contract with the Administrator has the right to withdraw from the contract and obtain a refund without giving any reason within 30 days from the date of conclusion.

2) The Consumer has the option of using out-of-court complaint and redress procedures. Among other things, the Consumer has the option to:

  1. apply to a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded contract,
  2. apply to the regional Trade Inspectorate inspector with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Administrator,
  3. use the assistance of a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.

3) For more detailed information on out-of-court complaint and redress procedures, the Consumer can visit: https://polubowne.uokik.gov.pl.

4) The Consumer may also use the ODR platform, which is available at: http://ec.europa.eu/consumers/odr. The platform is used to settle disputes between consumers and traders seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services.

5) The Consumer shall retain their rights under the law of their country of residence. The Consumer may avail themselves of consumer protection measures and apply to consumer interest organisations competent in the country of their residence.

§ 10
Complaints

1) The Administrator is obliged to provide the Consumer with digital content free from defects.

2) If the provided digital content is found to be defective or if the User wishes to submit a complaint related to the functioning of the Website, they may contact the Administrator via email address: bonjour@innerfrench.com.

3) The complaint should contain the identification and contact details of the User, description and justification of the complaint, as well as the demands related to the complaint.

§ 11
Personal data and cookies

1) The Administrator is the controller of the User’s personal data.

2) The User’s personal data are processed for the following purposes and based on the following legal grounds:

  1. conclusion and performance of the contract—Article 6(1)(b) of the GDPR,
  2. handling complaints or withdrawals from the contract—Article 6(1)(f) of the GDPR,
  3. fulfillment of tax and accounting obligations—Article 6(1)(c) of the GDPR,
  4. correspondence—Article 6(1)(f) of the GDPR,
  5. comment handling—Article 6(1)(a) of the GDPR
  6. sending the newsletter, after prior consent—Article 6(1)(a) of the GDPR.

3) The following entities may be involved in the processing of personal data as processors: the hosting provider, providers of software in which personal data are processed (e.g. mailing system, invoicing system), subcontractors gaining access to personal data in connection with the performance of their duties or the services commissioned to them. All processing entities are bound to the Administrator by personal data processing entrustment agreements and guarantee an appropriate level of personal data protection.

4) Personal data may be transferred to law firms in order to provide the Administrator with legal assistance if such assistance requires access to personal data. In addition, personal data may be transferred to tax offices to the extent necessary to perform tax, settlement, and accounting obligations and to entities, bodies, or institutions authorized to obtain access to data on the basis of legal provisions, such as the police, security services, courts, public prosecutor’s offices.

5) The User’s personal data are deleted after the expiry of the period of limitation of claims under the contract concluded with the Administrator, with the exception of the data contained in the accounting documentation, which are stored for the period required by law, and with the exception of the data contained in the mailing system, which are stored for the entire period of operation of the newsletter in order to be able to demonstrate the moment of signing up for the newsletter and the moment of unsubscribing from the newsletter, which constitutes a legitimate interest of the Administrator referred to in Article 6(1)(f) of the GDPR.  

6) The User’s rights related to the processing of personal data: the right to access the data, the right to demand the rectification of the data, the right to erase the data, the right to restriction of data processing, the right to object to the processing of data, the right to transfer data, the right to withdraw consent to the processing of personal data, the right to lodge a complaint with the President of the Personal Data Protection Office.

7) Providing personal data by the User is voluntary but necessary to contact the Administrator, subscribe to the newsletter, add a comment, conclude a contract.

8) The Website uses cookies. First-party cookies are used for the proper functioning of the Website. Third-party cookies are related to the Administrator’s use of tools provided by third parties:

  1. Fathom Analytics,
  2. PodBean,
  3. Vimeo.

9) Details related to personal data and cookies are described in the privacy policy available at https://innerfrench.com/privacy-policy/

§ 12
Final provisions

1) The Administrator reserves the right to introduce and cancel offers and promotions and to change prices on the Website without prejudice to the rights acquired by the User, including in particular the terms of contracts concluded before the change. The Administrator reserves the right to make changes to these Terms. The User will be informed of any change to the Terms to the email address assigned to the User’s account, specifying the date on which the change takes effect. This period may not be shorter than 14 days. By continuing to use the Website after the specified deadline, the User accepts the amended Terms. If the amended Terms are not accepted, the User may permanently delete the User’s account without incurring additional costs.

2) Any disputes related to contracts concluded through the Website shall be resolved by the Polish common court with jurisdiction over the Administrator’s registered place of business. This provision does not apply to Consumers for whom the choice of court shall be considered in accordance with general principles. Starting from 01/01/2021, these provisions also do not apply to a natural person concluding a contract with the Administrator directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions of the Central Electronic Register and Information on Economic Activity—in the case of such a person the choice of court shall be considered in accordance with general principles.

3) The law applicable to contracts concluded through the Website is Polish law, with the reservation that it does not deprive the Consumer of protection arising from the provisions of the law in force in the Consumer’s country of residence. 

4) These Terms shall come into force on 01.01.2021.

5) All archived versions of the Terms are available for download in a .pdf format—links are provided below the Terms.