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Updated on July 20th, 2009.

Terms of use.

Introduction

The hereby presented general terms of use ("Terms of Use") define the access and usage of the site www.lingueo.com ("Lingueo Site").

The Lingueo Site offers a service which connects people who wish to learn a language with people who wish to teach a language.

This service is provided by the company SUPACAST S.A.R.L, with the capital of 30.000 euro and having its headquarters at 29 bis, rue Monge, 75005 Paris France, tel: +33 17 71 68 930, email: contact@lingueo.com, registered under the number B 501 604 110 in the RCS of Paris ("Lingueo"), Intra-Community VAT number: FR2950160411000012.

Lingueo is a registered brand at I.N.P.I (National Institute of Industrial Property) of Paris under the number [1281803].

The Terms of Use form a contract between you and Lingueo. To access, navigate or use the Lingueo Site, you recognize having familiarized yourself with these provisions and accepting them.

If you do not accept these Terms of Use, you cannot use our services.

ARTICLE 1 - WHAT IS "LINGUEO"

The purpose of the Lingueo Site is to connect tutors, who come from all destinations, offering to teach one or more languages ("Tutors") with students, who come from all destinations and who wish to learn one or more languages ("Students"). Lingueo acts as an online broker who connects Tutors and Students.

Tutors and Students conclude service provision contracts ("Provisions") which are related to the online language's courses ("Courses"). The Courses vary in length, and they are provided on the Lingueo Site via a videoconferencing system. The Tutors and the Students are hereafter both indicated as Members.

The Lingueo Site is only accessible through Internet devices, with the exception of other communication means which are also telematic.

ARTICLE 2 - SERVICES OFFERED BY THE LINGUEO SITE

Lingueo puts Tutors offers at the disposal of the Members. Lingueo receives from the Tutor a mandate to put their offers at the disposal of Students and to open in his and his own behalf an escrow account to receive the amount perceived during the session.

Lingueo establishes a system which allows Student, after having finished session with a Tutor, to determine how satisfying the class was with help of grades and to leave comments.

ARTICLE 3 - REGISTRATION ON THE LINGUEO SITE

With the exception of the specific conditions applied for Tutors, as a Member can register:

- Any person who is at least 18 years of age having its legal capacity according to French law;

- Any person who is more than 16 years of age, having a preliminary acceptance from the people who have the parental authority over them;

- Any corporation.

Preliminary registration on the Lingueo Site ("Registration") is required before using it. In fact, Member has to proceed with the creation of its account by filling in a registration form, which is available on the Lingueo Site. A member engages in filling in all the obligatory fields of the form and communicating Lingueo on their exact, complete and up-to-date information in order to allow Lingueo to validate the creation of his account.

Since it is materially impossible for Lingueo to verify the accuracy or the veracity of the given information, a Member recognizes that if supplying any false, incomplete, dishonest or expired information during the Registration, he is responsible for in front of other Members and Lingueo.

Lingueo informs a Member of the validation of the registration by email.

In order to start utilising the service, a Member has to validate the confirmation email sent by Lingueo.

ARTICLE 4 - USE OF THE LINGUEO SITE BY ITS MEMBERS

The Members connect to Lingueo using their own equipment and their own telecommunication facilities. Lingueo does not provide its members with any material means, telephone installation, and material, neither with any software nor subscription.

When registering to the Lingueo Site, a Member gets at his disposal a unique identification and an access code, which are strictly personal and which he engages to keep confidential. A registered Member is the only one having the right to use his identification and his access code on the Lingueo Site. A Member engages not to propose any other person to access the Lingueo Site under their identification and access code.

Hypothetically, if a Member found out that another person is accessing the Lingueo Site with his identification, the Member will inform Lingueo without delay and confirm by email this information.

A Member engages in not choosing an identification which might harm the rights of a third party. A Member will not to adopt, for instance, an identification which might violate intellectual rights, a registered brand, a company name or a family name.

A Member engages in not creating or using other accounts than the one which they initially created; whether it was under their own identity or under that or a third party. If a Member by any means violates this rule, he is to make Lingueo a specific request to regain his authority. The fact of creating or using several accounts under one's own identity or under that of somebody else, without having asked and given permission for this from Lingueo may cause immediate suspension of the Member accounts and other associated services.

At the request of administrative or legal authorities, Lingueo may have to communicate them all data it possesses.

A Member is banned from proposing or giving Courses, leaving offers of Courses or buying, directly or indirectly, services which are against good morals and the current laws and rules. Furthermore, it is forbidden for a Member to violate or try to violate the security or integrity of the Lingueo Site and in particular to carry out any action which might risk or interfere with the correct functioning of the Lingueo Site or any transaction taking place on the Lingueo Site.

In the opposite case Lingueo reserves the right to suspend immediately the account of a Member and the sums of money which are related to it, and inform the adept authorities of such actions.

The Members accept to compensate Lingueo all the losses, expenses, damages or costs which might results if they from their part violate any law, regulation or any right of a third party.

In case a Member is not using their account for more than one (1) month, Lingueo may take their account under surveillance. A Member is informed on this surveillance by an email. The surveillance ends when the Member has reactivated his account, in other words after having confirmed his email address again.

In case a Member disrespects the Terms of Use, Lingueo reserves itself the right to any time remove the course offer in question, to suspend the Member's account and to freeze the sums which are related to it.

ARTICLE 5 - USE OF THE LINGUEO SITE BY STUDENTS

A Student engaged in using the Lingueo Site in good faith and having the sole motive to benefit from the Provisions offered by the Tutors.

During one's registration, a Student is to determine information which will be visible to all Members, being specified that for the transactions which one carries out as professional, one can reclaim the paid VAT only if one's last name and first name(s) or the corporate name appear on the summary of the transactions which will be delivered by the Tutor and, which is subject to legal measures applicable regarding to VAT.

A student's evaluation of a course, taking place after the course, is to be done in accordance with the grading system and with the comments which are provided on the Lingueo Site. The evaluation has to be objective and honest; it is not to include any element comparable to an insult or defamation. Lingueo reserves itself the right to remove any evaluation which does not respect its rules.

A Student is not to try to persuade a Tutor, with whom he is in contact, to give him deliveries, which by nature are unlawful, contrary to Terms of Use. A Student is also prohibited to incite a Tutor to give them deliveries outside the Lingueo Site.

A Student is not allowed to record the contents of exchange taking place between them and a Tutor via the Lingueo Site, unless having acquired a preliminary authorisation to this from the Tutor in question.

In case a payment is not performed because of a fraudulent use of a payment method, Lingueo applies to a Student an administration cost of an amount equal to 20% of the unpaid sum, but this sum is at least fifty (50) Euros without taxes.

ARTICLE 6 - USE OF THE LINGUEO SITE BY TUTORS

6.1 General regulations

A Tutor engages in providing courses all of which correspond to his competence and also engages in being available immediately or during the availability hours which he has specified on his agenda on the Lingueo Site.

A Tutor engages in describing the Course he offers according to the criteria defined by Lingueo, displayed on the Lingueo Site under the titles "FAQ/Contact" and "How it works". A Course description has to correspond to its real characteristics. A Tutor communicates the name of the Course, the learning methods used, his availability (with the help of a calendar provided by Lingueo), and the hourly fee of his Courses.

A Tutor is solely responsible for informing Students on the principal characteristics of his Courses. He is solely responsible for the description of the Courses he proposes. He guarantees Lingueo any claim relating to content and form of that description. A Tutor engages in making validations, verifications and all necessary precisions in order to ensure that the elements and the offer are exact and will not mislead any Student. In case the description contains a mistake, a Tutor alone assumes the possible costs of this mistake, and cannot make any reclamation to Lingueo or the Student. The Tutor alone is responsible for the good execution of the Course. During the Course, a Tutor engages in not advertising himself or anyone else in any way (message, leaflet...).

A Tutor engages not to use the Lingueo Site for promoting any other services than those defined by Lingueo or proposing services offered by a third party.

A Tutor is informed that when providing Courses in the usual way on the Lingueo Site, he is likely to be a subject to obligations which by nature are declarative, especially those of taxation. Similarly, a regular conclusion of transactions on the Lingueo Site is likely to lead to a reporting requirement to tax administration and make a Tutor a subject to various taxes, such as VAT and/or professional taxes. A Tutor recognizes of being aware of the payment of all the taxes to which a conclusion of transactions on the Lingueo Site exposes him.

Also, a regular conclusion of transactions on the Lingueo Site may lead to a requirement to affiliate to any social contribution agency whose The Tutor dependents on or to any other independent profession agency (Insurance Fund for occupation diseases).

It is therefore recommended that Tutors who are not merchants, to contact these institutions in order to acquire all useful information concerning the criteria and obligations of affiliation.

6.2. - Professional Tutors

Lingueo reminds that Tutors providing deliveries as merchants on the Lingueo Site are subjects to certain specific obligations, such as registering at the Trade Registry, keeping of accounts in accordance with applicable rules and paying of the VAT and other applicable taxes.

If a Tutor acts as professional, he is to respect all the applicable rules of consumption and specifically the provisions of Articles L. 111-1 and L. 121-18 and following of the French Consumption Code as well as the provisions of Articles 1369-1 and following the French Civil Code which is applicable to contracts, which are concluded in an electronic form.

Under the implementation of the Article L.121-18 of the French Consumption Code, a professional Tutor has an obligation to hold available to a Student by means, which are easy, direct and permanent, the following information:

If it is a physical person, his last name and first name(s) or, if it is a corporation, its corporate name;

The address where the professional Tutor is settled, his email address as well as his telephone number;

If the professional Tutor is subject to registration formalities at the Trade Registry or at business directory, his registration number, capital stock and the address of his headquarters;

If the professional Tutor is subject to VAT and identified by an individual application number of the Article 286 of the French Tax Code, his individual identification number;

If his activity is subject to authorization, the name and the address of the authority having delivered these;

If a professional Tutor is a member of a regulated profession, a reference to the applicable professional rules, his professional title, the member state in which the latter has been granted as well as the name and the order or of the professional body to which he is registered.

A Tutor operating as professional engages in filling in dedicated sections in the course of his Registration. In case a change in status takes place after his registration, a Tutor engages in modifying or completing without delay the information given during the Registration.

6.3 - Financial provisions

A Tutor authorises Lingueo to perceive in his name and for his account the price of the transaction through the secured electronic payment system established on the Lingueo Site, or by any other way which would later be validated by Lingueo.

For this purpose, a Tutor authorises Lingueo to open an escrow account in his name on his behalf for the received amount, in a banking institution chosen by Lingueo or in any other financial institution offering equivalent services. The parties agree that this escrow account is used only for paying for the Provisions and in accordance with the Terms of Use. A Tutor renounces to claim a profit of the amount (interest or other) eventually yielded by immobilization of the amount received during the session.

For the compensation of the use of the Lingueo Site, a Tutor authorises Lingueo to deduct from the total price of the Provision, a commission, which is determined in the terms of payment. This deduction is done solely in case a Student has accepted Tutor's offer and completed the payment for the Provision.

6.4 - Tutor's intellectual property

When you add video course online ("Your Contents"), Lingueo will not acquire any property rights to Your Contents. Ever since you have made Your Contents available for other members (individually or by group), you declare accepting that they have without charges and purely personally the power to watch and share Your Contents on the Site and via the Site and via other electronic communication means (specifically mobile phones), and this for all the time that Your Contents is on the Site. If you wish to exploit in some other way, especially commercially, the contents of another member, you have to first acquire the necessary authorisations from them. Furthermore, during the time Your Contents is on our site and within the strict framework of functionality which enable to make the Site accessible via Internet or via other electronic communication methods, you authorize us to reproduce/represent Your Contents and, if necessary, adjust its format for this purpose. You are also informed that given the intrinsic characteristics of Internet, the transmitted data, especially Your Contents, are not protected against the risks of hijacking and/or piracy since we cannot be responsible for such. It is your responsibility to take all the appropriate measures to protect this data, if necessary.

6.5 - Other members' intellectual property

Other member of the Site ("Other Members") can add online videos which are in accordance with the GTU and other Notices. You engage to not access to Other Member's videos for any other reason than non-commercial personal use, which is suggested and authorized by the normal functions of the Site, and solely for Streaming. "Streaming" stands for simultaneous digital transmission of the Lingueo material via Internet, with a device equipped with an access to Internet and managed by a member, in a way that the data are intended to be viewed in real time and not downloaded (whether it was is a permanent or temporary manner), copied, stocked or redistributed by a user.

ARTICLE 7 - CONCLUSION OF THE SERVICE CONTRACT

When a Student wishes to benefit from the Courses, they have to first accept the conditions and details of a Tutors service proposal, before they request a contact with a Tutor by clicking "Start the Course".

A request to start a Course is taken into account when a Student has received a confirmation of the conditions and details of the Course a Tutor proposes.

A Student recognizes that a request to start a Course does not form an acceptance of a firm offer and that the creation of the Contract is subordinate to a confirmation by the Tutor, who is not forced to respond favourably to all Course requests which he receives.

Thus, a contract between a Student and a Tutor is executed when:

* A Student has accepted a Course offer, including a Course description and an hourly fee; and

* A Tutor has accepted a request to start the Course.

A Student is debited for the price of the Course at the end of each Course or at the time of an interruption of the Course, whichever may be the reason of this interruption.

Lingueo is the only one entitled to carry out to a Tutor the payment for the price of his Delivery, with a deduction of a commission, which is in accordance with the terms of payment.

When a Student has accepted a Tutor's offer and when Lingueo has received from the Student a payment of the full price for the Provision, the Tutor is to send a bill to the Student.

ARTICLE 8 - LIMITATION OF RESPONSABILITY

The Lingueo Site ensures the connection as well as the setting up of the Provisions.

Lingueo does not contractually participate in the supply of the Provisions.

Consequently, Lingueo does not incur any responsibility regarding the creation and execution of the Provisions - subject to his responsibility as broker and does not offer any guarantees for the good execution of the Provisions or for the payment by the Student.

Lingueo cannot guarantee that a Tutor's Course satisfies a Student. Similarly, Lingueo cannot give a Tutor or a Student the guarantee that a Course will not be cancelled.

Lingueo does not take responsibility of any damage, which is caused as a result of usage, which is against the Terms of Use.

Lingueo cannot be held responsible for comments which a Member puts online and which are abusive, libellous, or more generally against the good morals or current laws.

Without fault of its own, Lingueo cannot be hold responsible for any damage for which a Member might be subject to, especially their exploitation or information losses. Lingueo cannot be hold responsible for a possible malfunctioning, breakdown, delay or interruption in the access to the Internet network.

In accordance with the Article 6 of The French Law n 2004-575 of 21 June 2004, Lingueo has no general obligation to supervise information and contents which are accessible on the Lingueo Site.

ARTICLE 9 - TERMINATION

The brokerage contract between a Member and Lingueo is an indefinite contract. As such, it is cancellable at any moment by Lingueo or by the Member without any particular reason, by a simple notification to or by Lingueo.

In case of providing forging Courses, opening several accounts, frauds in the payment process, scamming attempts or any other criminal offence performed by a Member, Lingueo reserves itself the right to suspend the Member from accessing his account.

The suspension only affects future actions. Thus, despite a suspension, whichever is its reason, a Member is required to pay the commissions which are due to him.

ARTICLE 10 - PRIVATE LIFE AND CONFIDENTIAL INFORMATION

The personal information which Lingueo collects from its Members during their registration is kept confidential. The Members allow Lingueo to integrate, conserve and if necessary, update the personal information in their files.

This information is necessary to assure the sequence of Courses and to improve the services Lingueo offers to its Members. For the same reason, the personalization of the service, Lingueo uses cookies to signal a Member's passage on the Lingueo Site. As far as links between Lingueo and its partners are considered, a Member may receive from the latter offers or information, in case the Member has previously accepted this possibility.

The files form a declaration to the French Data Protection Authority according to the in force French regulations. The number of the declaration is 1281803.

In accordance with articles 38 and 39 of the Law of Computing and Liberties from January 6th 1978, modified August 6th 2004, Members have a right to access and correct information concerning them. To exercise these rights, a Member has to contact Lingueo.

In case of fraud, Lingueo will communicate all necessary information, including personal one to service providers who are responsible for suppressing the claimed frauds and offences.

ARTICLE 11 - INTELLECTUAL PROTECTION

Texts, images and videos displayed and broadcast on the Lingueo Site are reserved under the copyright as well as under the intellectual right in the whole world.

As such, in accordance with the proposals of the Intellectual Property code, usage for private use is allowed - except restrictive provisions of this code. All other usage constituent of counter feiting is liable to penalty provided in this Code. All reproductions, even partial, of the online announcements appearing on the Lingueo Site is strictly forbidden, unless having a preliminary authorisation for this from Lingueo. Similarly, it is prohibited to record Courses, unless having the Tutor's permission to this.

ARTICLE 12 - APPLICAPLE LAW

The Terms of Use are subject to French law. Use and access to the Lingueo Site are governed by French regulations.

ARTICLE 13 - ASSIGNEMENT OF JURISDICTION

All dispute resulting from the use of the Lingueo Site of related to the usage of it, is to be taken by French law Courts in Paris.

ARTICLE 14 - VARIOUS DISPOSALS

Lingueo has the power to modify the Terms of Use according to the evolution of its offer and the market. All modification takes effect on the offers online from the moment on the Members have been notified of them by any means chosen by Lingueo. They do not apply on the on-going Deliveries at the time of their entry to force.

Invalidity of one or more clauses in the Terms of Use of the Lingueo Site does not lead to the nullity of those.

Lingueo reserves itself the right to suspend the access to its site for reasons which are related to maintenance or updating. Lingueo engages in warning, if possible, in advance the Members who are potentially disconnected or halt or more generally warning on any maintenance or updating operation planned on the Lingueo Site.