Terms of Sale

Welcome, and thank you for your trust. Below are the Terms of Sale applicable to the website https://www.clapfrancais.com. Please note that Clap Français, represented by Marion Trotté, provides its Customers and the Users of its website with a customer service that can be contacted as follows:

By email at contact@clapfrancais.com, from 9 am to 4:30 pm, Monday to Friday, Paris time, with a reply within 48 working hours at most.

By post at the following address: 46 rue des Vanneaux, 72000 Le Mans, France

1. Definitions

Capitalised terms have the following meanings:

The “Company” means Clap Français, a brand represented by Ms Marion Trotté, a sole trader whose SIREN number is 877721100 and whose registered office is at 46 rue des Vanneaux, 72000 Le Mans, France.

The “Site” means the website(s) accessible at https://www.clapfrancais.com and all the websites published by the Company to present and sell its Services.

The “User” means any person browsing the Site.

The “Service” means all the services available to Order on the Site, in particular:

• Online conferences such as webinars (broadcast, or registration for a live event)

• Online training (provision of digital content in the form of documents, videos, podcasts, ebooks, PowerPoint presentations, Notion spaces, etc. making up the training materials)

• Downloadable documents such as ebooks;

• Personalised coaching, remotely on Zoom

The “Order” means any subscription to a Service by the Customer from the Company through the Site.

The “Customer” means the natural or legal person, professional or not, who subscribes to a Service from the Company.

The “Terms of Sale” or “Terms” means these terms of sale, applicable to the contractual relationship between the Company and its Customers, which include the privacy policy available on the Site and any element of the Site to which they expressly refer.

The “Login Details” means the username and password provided by the Company to the Customer so that they can access the subscribed Service through the Site or any other means of connection.

The “Partner” means any professional partner with whom the Company has a business relationship in connection with the provision of the Service and to whom the Customer may be referred in connection with the provision of the Service.

The “Training” means any online training offer whose content is presented on the Site, generally made up of videos, audio recordings, tests, teaching documentation, written training materials, recorded webinars and possibly access to a support group.

The “Content” means the data and digital content (in particular videos, audio recordings, tests, teaching documentation, etc.) provided to Users or Customers by the Company, free of charge or for a fee, in connection with access to the Site or the Service.

The “Personal Area” means any online space made available to the Customer by the Company in connection with the Service, accessible with their Login Details.

2. Scope

1. Purpose. These Terms govern the provision of the Service to the Customer, which includes the terms of use of the Site published and made available by the Company.

2. Access to the Terms. The Terms are accessible at any time on the Site and prevail, where applicable, over any other version, earlier or later. The Terms take effect from the update date shown at the top of this document, and apply to the exclusion of all other conditions, in particular those applicable to sales through other distribution and marketing channels.

3. Acceptance of the Terms. Before any Order, the Customer declares that they have read and accepted the Terms, which implies unreserved acceptance of the Terms. By this acceptance, the Customer acknowledges that, before any Order, they received sufficient information and advice from the Company on the Site to make sure that the content of the Order meets their needs. The Terms constitute all the rights and obligations of the parties in their contractual relationship.

By placing an Order, the Customer declares that they are of age and have the capacity to enter into a contract under the law of their country, or that they represent, under a valid mandate, the person for whom they are subscribing to the Service. In any event, the Customer guarantees that they have the necessary authorisations to use the payment method selected when confirming the Order.

Unless proven otherwise, the data recorded by the Site constitute proof of all facts, acceptances and transactions.

4. Scope of the Terms. The Customer may request a copy of the version of the Terms applicable to their Order at any time. No specific condition initiated by the Customer may be added to and/or replace these Terms. The Company reserves the right to provide special conditions for its Services, special offers, special guarantees, etc., which are provided to the Customer before the Order. The fact that the Company, at any time and for any reason, does not invoke a breach by the Customer of any of the obligations contained herein shall not be interpreted as a waiver of the right to invoke it in the future.

3. Characteristics of the Service

1. Presentation. The Customer may refer to the presentation of the Service on the Site, which is summarised on the Order page and in the confirmation email. The Customer is expressly informed that any Service offer may change. Only the Service described at the time of the Order is due to the Customer. When the contract concluded with the Company concerns the supply of digital content or digital services (excluding other services that are not digital services), the service is provided as is and no minimum level of service quality is guaranteed to the Customer.

2. Language. The Service is provided by the Company in French.

3. Information about the Services. The Services governed by the Terms are described and presented as accurately as possible. However, if errors or omissions have occurred in this presentation, the Company cannot be held liable unless it concerns a substantial element of the offer in question.

4. Version and updates. The Service subscribed to by the Customer is provided in its up-to-date version on the date of purchase. Updates are not included in the price of the Service.

5. Satisfaction guarantee. The Company may optionally offer a “satisfied or your money back” guarantee lasting 20 days from the Order. To be valid, the guarantee must be specified at the time of the Order. In that case, the Customer has 20 days from the day of their Order to request a refund if they are not completely satisfied with the Service. They must send their request within this period to contact@clapfrancais.com and will be refunded within a reasonable time.

6. Phone call. An optional and free personalised call is offered by the Company to the Customer before any subscription to a Service through the Site. Interested Users can select a slot (day, time) that suits them by providing certain personal information (name, email, phone number) and answering certain questions about their French learning. Booking an appointment obliges the User to attend it. If the User does not attend a booked appointment, the Company reserves the right to refuse a new appointment.

7. Delivery of modules. For an online training course made up of one or more modules, delivery means making available the first module, session or document of the ordered training through the Login Details created by the Customer or provided by the Company after the Order, or by any other electronic means provided for at the time of the Order. The Customer expressly accepts that they cannot request immediate access to all the modules right after their Order, but that these will be delivered as provided for in the contract.

Subject to the provisions on the right of withdrawal set out in article 7 of these Terms, for any Training:

• Lasting less than two months and including only one module, this module is delivered directly after confirmation of the Order,

• Lasting more than two months and including at least two modules, the first module is delivered directly after confirmation of the Order and the following modules at intervals of one month.

8. Contribution spaces and online groups (hereinafter “Group(s)”). The Company may provide its Customers with support groups or online contribution spaces, accessible on the Site or on third-party sites such as online platforms. Access to the Group may be subject to the Customer sending a request to join the Group. The Company may create and delete Groups according to the needs of its business and may, if necessary, ask the Customer to renew their request to join. If there is a problem accessing a Group whose membership is included in the Service, the Customer is invited to contact the Company by email. Except in the case of an exceptional volume of requests, requests to be added to a Group and support requests will be handled within 72 hours.

Unless otherwise stated at the time of the Order, access to a Group is not included in the price of the Service. When access to a Group is provided with the Service, the duration of access to the Group may be limited to the duration of the Service.

Use of these Groups may be subject to compliance with the rules of use set by the Company and, where applicable, by the operator of the online platform hosting the Group. In the event of non-compliance with these rules, the Company reserves the right to warn, sanction or even remove the Customer’s access rights, without prejudice to the measures that may be taken by the platform operator.

In any event, the Customer shall refrain from any post, comment, message or other communication prohibited by law or regulation or infringing the rights of third parties or of the Company. Any post or content constituting an offence or intended to incite an offence (threats, incitement to hatred or violence, apology for terrorism, discrimination, fraud, identity theft, infringement of intellectual property rights, spam, insults, defamation, harassment, obscene content, etc.) may be deleted and will result in the Customer’s exclusion from the Group and the immediate and permanent termination of the Service, without any possible compensation. The Customer is also expressly informed that such posts or content may give rise to legal proceedings by the Company or by third parties who are victims of them.

Furthermore, the Company has no control over any groups that are not created on its initiative but on that of third parties, including a Customer, and of which it is not an administrator. The Company can in no way be held liable, on any basis whatsoever, for the actions of the members of these Groups or for any other damage resulting from the use of Groups not under its control or of which it is not an administrator.

9. Access to groups. When access to a group is provided with the Service, the duration of access to the group is limited to the duration of the Service. The Company may create and delete groups according to current Orders and transfer the Customer to an equivalent group. The Customer must submit a request to access the group, providing the email address used for their Order. This request will be handled within 48 hours at most. If refused, the Customer is invited to send a new request, paying particular attention to entering the email address correctly.

4. Duration of the Service

The Service is provided to the Customer for the duration specified on the Site at the time of the Order. For offers of digital content or digital services, the Customer is expressly informed that the benefit of certain promotions is subject to a minimum commitment period, which will be specified at the time of the Order.

When no duration is defined, the Service remains accessible for at least one year after the full delivery of the Service, and the Company may withdraw access at any time thereafter. When purchasing an online training course or any other offer of access to digital content, materials are provided in PDF, audio or video format, which the Customer is responsible for downloading in their latest version before their access rights to the Service expire.

Subscription options

The duration of the Service may take the form of a subscription.

1. Monthly subscription with no commitment (indefinite term): private lessons

As part of the monthly subscription with no commitment for private lessons, the Customer may end their commitment by sending a request to contact@clapfrancais.com or by going to their account, under settings then billing, with at least ten (10) days’ notice before the renewal. The termination will take effect at the end of the current subscription month. No other amount will be required and no amount already paid for the subscription will be refunded. Any month started or subject to late termination is due in full.

2. Subscription with a fixed commitment period (fixed term): French Film Fluency Club

The subscription to the French Film Fluency Club is taken out by the Customer for a minimum period of 3 months or 12 months. Confirmation of the Order by the Customer constitutes a firm and irrevocable commitment to pay the total price of the Service for the initial subscription period. After that, the Customer may terminate their subscription at any time with at least ten (10) days’ notice before the renewal. The termination will take effect at the end of the current subscription month. No other amount will be required and no amount already paid for the subscription will be refunded. Any month started is due in full.

5. Order

1. Ordering on the Site. After selecting the Service they wish to subscribe to on the Site, the Customer is directed to an Order page on which they enter their contact details and payment terms (single payment or instalments, payment method). The Customer is solely responsible for the accuracy of the information provided and guarantees the Company against any false identity. In particular, the Customer must have a working email inbox for sending and receiving. Otherwise, they will not be able to receive written confirmation of their Order at the email address entered, nor receive their access codes to the Service.

The Customer cannot hold the Company liable for a failure resulting from the inaccuracy or falsity of the information provided at the time of the Order, which will be used to deliver the Service.

2. Obligation to pay. Any Order received by the Company is deemed firm and final, entails acceptance of the Terms in full under the conditions provided, and the obligation to pay for any Service ordered.

3. Electronic signature. The online provision of the Customer’s bank details and the final confirmation of the Order constitute (i) proof of the Customer’s agreement, (ii) the amounts due under the Order becoming payable and (iii) signature and express acceptance of all operations carried out when ordering on the Site (box ticked or unticked, confirmation click, etc.).

4. Confirmation of the Order. After reading and accepting the Terms on the Order page, the Customer is directed to an Order summary page, on which they provide their bank details before confirming their payment. The Customer is responsible for checking the summary information of their Order and correcting it if necessary before confirming payment. This second click definitively confirms the Customer’s Order.

5. Order confirmation email. The Customer receives an email confirming and summarising their Order as soon as payment is effectively confirmed by the Company or its payment service provider.

6. Proof of the transaction. The computerised records, kept in the Company’s IT systems under reasonable security conditions, will be considered proof of the communications, Orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as evidence.

6. Pricing

1. Applicable prices. The Service subscribed to is delivered at the prices in force shown on the Site when the Customer’s Order is recorded by the Company. The Customer can obtain up-to-date information on all applicable prices and any maintenance fees on the Site or by contacting the Company at contact@clapfrancais.com.

The Service may be delivered not in return for payment of a price but in return for the provision of personal data (such as a name, first name, email address or phone number), which may be used for direct marketing purposes, with the Customer’s express, free and informed consent.

Prices are shown in euros and VAT does not apply to the Service.

In the case of international sales, all customs duties and other taxes payable are the responsibility of the Customer alone. The Company cannot accept any liability in this respect and the Customer is solely responsible.

2. Amounts becoming payable. Confirmation of the Order makes all amounts due under it payable. By confirming their Order, the Customer authorises the Company (or its Partners, payment service providers) to send instructions to their bank to debit the bank account whose details were entered by the Customer, according to any instalments shown in the Order summary.

3. Payment method. To pay for their Order, the Customer may choose from all the payment methods made available by the Company on the Site.

Direct debit: The Customer chooses bank debit using the secure systems and services provided by third parties on the Site, which are subject to their own contractual terms over which the Company has no control, in particular, for example, Stripe (https://stripe.com/legal), PayPal (https://www.paypal.com/legalhub) or GoCardless (https://gocardless.com/legal). In this case, payment is made by SEPA direct debit or using the card details provided, depending on the payment method offered by the payment service provider and the Customer’s choice. The Company reserves the right to use the payment service providers of its choice and to change them at any time.

4. Debit authorisation. By providing their bank details at the time of the sale, the Customer authorises the Company to debit the account with the amount of the price shown on the Site for the corresponding Service. The Customer guarantees to the Company that they are of age and have any authorisations necessary to use the payment method they chose when confirming the Order.

5. Special offers and discount codes. The Company reserves the right to offer time-limited launch offers, promotional offers or price reductions on its Services and to revise its offers and prices on the Site at any time, under the conditions provided by law. The applicable prices are those in force at the time of the Customer’s Order, who cannot claim other prices, before or after their Order. Discount codes may be subject to special conditions and are in any event strictly personal to their beneficiary and can only be used once.

6. Payment incident and fraud. The Company reserves the right to suspend any processing of an Order and any delivery of the Service if payment by card is refused by officially accredited bodies or in the event of non-payment. The Company reserves in particular the right to refuse an Order from a Customer who has not paid all or part of a previous Order or with whom a payment dispute is ongoing.

The Company may contact the Customer to request additional documents to process the payment of the Order. The Company may rely on the information provided by the order analysis system. Providing the requested documents is necessary for the Company to confirm the Order. To combat card fraud, a visual check of the means of payment may be carried out by the Company before making the Service accessible. In the event of fraudulent use of their card, the Customer is invited to contact the Company as soon as they notice it, without prejudice to the steps the Customer must take with their bank.

7. Failure or delay in payment. The interest and penalties provided by law apply in the event of failure or delay in payment by a consumer or professional Customer.

8. Payment facilities. If the Company offers the Customer the option of paying a fixed price in several instalments, this is not a payment without commitment or a monthly subscription, but a payment schedule for the price of the Service. The full price corresponding to the sum of the instalments is due, regardless of the number of payments planned. The last payment date is never set more than three months after the end of the provision of the Service and/or the closure of the Customer’s access to the Service. This payment facility does not constitute credit or microcredit.

When payment in instalments is offered, the first instalment is paid on the day of the Order and the following instalments at the interval specified in the Order summary (unless otherwise stated, one month between each payment). In this case, the Customer guarantees the validity of their bank details until the last scheduled payment date. The Company reserves the right to refuse an Order in instalments if the card expires before the last scheduled payment or if the secure payment service provider objects.

7. Right of withdrawal

Period. The Customer may withdraw from the contract concluded with the Company without giving any reason within fourteen calendar days starting on the day after the Order (the day after the day the contract was concluded). If the period expires on a Saturday, Sunday or public holiday, it is extended until the last hour of the next working day.

Exercise. To exercise the right of withdrawal, the Customer notifies contact@clapfrancais.com of their decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by post, fax or email). The Customer may use the model withdrawal form but it is not mandatory. This is a consumer right and not a commercial guarantee.

In the event of withdrawal from one or more Services, the Company refunds the price paid no later than fourteen days from the day after receipt of the withdrawal decision, using the same payment method as the one used for the initial transaction, unless the Customer agrees to a different method.

Model withdrawal form

Exceptions

Please note: under certain conditions, this right of withdrawal cannot be exercised in the case of:

• Services fully performed before the end of the withdrawal period, whose performance began with the consumer’s prior express agreement and express waiver of their right of withdrawal;

• Supply of digital content not supplied on a tangible medium, whose performance began with the consumer’s prior express agreement and express waiver of their right of withdrawal;

• Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

• Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;

• Supply of goods made to the consumer’s specifications or clearly personalised;

• Provision of accommodation services other than residential accommodation, transport of goods, car rental, catering or leisure activities that must be provided on a specific date or during a specific period (conference, live event, etc.);

• When the Customer is a professional.

• When the contract was concluded for a current or future professional purpose.

If the Customer asks to benefit from a service directly after the Order without waiting for the end of the withdrawal period but does not waive their right in the cases provided above, they pay the Company an amount corresponding to the Service provided until they communicate their decision to withdraw. This amount is proportionate to the total price of the service agreed at the time of the Order. If the total price is excessive, the appropriate amount is calculated on the basis of the market value of what has been provided.

Within the legal exceptions and when required by law, the Customer may be asked at the time of the Order to indicate their agreement to receive the Service before the end of the withdrawal period and/or their waiver of the right of withdrawal, by ticking a box or by any other appropriate means. Failing this, the Company reserves the right not to send any content to the Customer before the end of the fourteen-day period, which the Customer expressly accepts.

End of the Service when exercised. Exercising the right of withdrawal ends the parties’ obligation either to perform the contract or to conclude it when the consumer has made an offer. Exercising the right of withdrawal from a main contract automatically ends any ancillary contract, at no cost to the consumer other than those provided by law. The Customer is therefore informed that the Company will immediately stop the Service if the right of withdrawal is exercised.

8. Conditions of access to the Site and the Service

1. Access to the Site. The Site is accessible free of charge to anyone with internet access. All costs related to accessing the Site, whether hardware, software or internet access costs, are borne exclusively by the User. The Company cannot be held liable for material damage related to the use of the Site. In addition, the User undertakes to access the Site using recent equipment that does not contain viruses and with an up-to-date, latest-generation browser. The User is solely responsible for the proper functioning of their computer equipment and their internet access to access the Site and the Service.

2. Access to the Service. The Company will provide the Login Details giving access to the Service no later than 24 hours from the date and time the Customer placed their Order, subject to acceptance of the payment by their bank. It is therefore essential to provide a valid email address. The conditions of access to the Service may vary depending on the conditions for exercising the right of withdrawal, in accordance with the Terms and the law.

The Customer is invited to contact the Company if they have not received or have lost their Login Details so that they can be reset within 48 hours. Making the Login Details available later releases the Company from any liability towards the Customer, who cannot hold it responsible for the Service being unavailable.

3. Individual and personal nature of the Login Details. All Login Details provided by the Company to the Customer are strictly personal, individual, confidential and non-transferable. The Customer undertakes to subscribe to the Service for exclusively personal purposes and declares that they will not resell, distribute or rent to third parties all or part of the Services, in particular the content of the Services or any other product received as part of their Order. A Customer who does not respect this commitment is liable to legal action. The Customer is responsible for any unauthorised, fraudulent or abusive use of their Login Details and will inform the Company without delay of their loss or theft. In the event of a proven breach of the conditions of access to the Site or Service, the Company reserves the right to suspend access to the Service, without compensation, notice or prior information.

4. Number of access rights. Unless special conditions provide for wider access, a Customer’s subscription to a Service only includes access rights for one person, whatever the number of employees or establishments of the Customer. If the Customer wishes several of their employees, collaborators, partners or any other person to be able to access the Service, they must take out as many contracts as there are people for whom access to the Service is required.

5. Maintenance. The Site may undergo maintenance operations and the Company reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site or the Service in order to maintain it (in particular through updates) or for any other reason, without the interruption giving rise to any obligation or compensation.

6. Contractual liability. The Company uses all reasonable means at its disposal to ensure continuous, quality access to the Site and the Service, but is not bound by any obligation to achieve this. In particular, the Company cannot be held liable for any malfunction of the network or servers or any other event beyond its reasonable control that prevents access to the Site or the Service.

7. Use in good faith and third-party sites. Any contribution space on the Site to which the Customer may have access as part of a Service, including on social networks and groups, must be used in good faith. The Customer shall refrain from any defamatory, threatening, hateful, intolerant or obscene remarks, etc., and from any disparaging post likely to infringe the rights of the Company, other Users or third parties, or contrary to the law.

The Company reserves the right to refuse access to all or part of the Site, the Service, the contribution spaces and groups, or to limit access rights to the contribution spaces and groups, unilaterally and without prior notice, for any Customer who does not respect the Terms, any terms of use of the Site, the Service and/or any third-party sites, platforms and tools accessible as part of the Service or, more generally, any legal or regulatory obligation.

The Customer undertakes to read and comply with the terms of use of all sites, social networks, platforms and third-party tools accessible as part of the Service. The Company has no control over these terms and accepts no liability in the event of the Customer being banned from or in dispute with these third-party sites.

9. Legal guarantee of conformity

The Customer is expressly informed that this guarantee does not apply to professional Customers or to Services other than digital services, whether or not the professional uses digital formats or means to create, provide or transmit the product of the Service to the consumer.

Digital content and services supplied once

Digital content and services supplied by subscription

10. Protection of personal data

The Company respects the privacy of its Users and Customers. It undertakes to ensure that the collection and automated processing of their data, for the purposes of managing contracts and Orders, providing and improving the Site and the Service, direct marketing and handling disputes, comply with the General Data Protection Regulation (GDPR) and the French Data Protection Act in its latest version.

In order to provide the service or certain digital content, the Company collects and processes the following data about the Customer: last name, first name, email address, phone number, billing address, bank details.

Customers’ personal data will not be kept beyond the time strictly necessary for the purposes indicated. Certain data used to establish proof of a right or a contract may be subject to an intermediate archiving policy for a period corresponding to the limitation periods of legal or administrative actions that may arise.

In accordance with the French Data Protection Act and the GDPR, the Customer or any person concerned by the processing has, under the conditions of the applicable law, a right of access, rectification, restriction of processing, objection to processing, portability and erasure, as well as the right not to be subject to an automated decision, including profiling. Where applicable, the data subject also has the right to withdraw their consent at any time.

The Customer is informed and accepts that the Site and/or the Service may include technical devices that track usage (logged-in user account, IP address, type of application used, various connection and account usage logs, etc.), which may be used to combat counterfeiting and/or to identify and/or prevent any unlawful or non-compliant use of the Site.

Any request to exercise these rights may be sent by email to contact@clapfrancais.com. Any person concerned by processing has the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL).

The Customer’s phone number may be requested by the Company as part of an Order. A consumer Customer who does not wish to receive marketing phone calls is informed that they can register free of charge on the French telephone marketing opt-out list “Bloctel” (more information at bloctel.gouv.fr). When the Customer is registered on this list, the Company does not make marketing calls and may only call the Customer for requests related to the performance of a current Order and connected with that Order.

To deal with a security incident, threats or a situation of vulnerability, the Company may take the following measures internally: informing Customers and the supervisory authority if necessary, raising awareness among the Company’s teams, strengthening the security of premises and workstations within the Company. The Company may also take the following measures with regard to its Customers: making access to the Service subject to changing their Login Details, requiring stronger passwords, implementing enhanced authentication procedures (two-factor authentication).

For more information about automated data processing and how to exercise their rights, any User can read the privacy policy, available at any time on the Site, and the information about the cookies used by the Company.

11. Partner sites and hyperlinks

Through the hyperlinks on the Site or as part of a Service, the User may access the sites of Partners or third parties, designed and managed under the responsibility of third parties who are not subject to the Terms. The User is therefore invited to read the contractual terms of use or sale, as well as the privacy policies or any other legal information, applicable to these Partner or third-party sites.

The Company exercises no control over these sites and content and accepts no liability for their content and for any use made by any third party of the information they contain. This clause applies to all Partner content.

If a third-party site directs its users to the Site, the Company reserves the right to request the removal of the hyperlink pointing to the Site if it considers that the link does not comply with its rights and legitimate interests.

12. Force majeure or impossibility

The performance of the Company’s obligations under these Terms is suspended in the event of a fortuitous event or force majeure preventing their performance. This suspension may concern all or part of the Service. In this case, the Company will inform the Customer of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a permanent impediment may give rise to a refund. If the permanent impediment is partial, only a partial refund will be granted.

Under the conditions provided by law, Customers expressly accept that they cannot invoke force majeure to postpone a payment (for example of an invoice) for a Service provided or being provided, or to refuse the delivery of an Order placed.

In addition to those usually recognised by case law and without this list being exhaustive, the following are considered cases of force majeure or fortuitous events: strikes or social conflicts internal or external to the Company, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any kind or any other circumstance beyond the Company’s reasonable control.

The Company can in no way be held liable for difficulties encountered by the User or the Customer in accessing the Site and/or the Service due to a technical or software failure or any other cause beyond its control. The Customer acknowledges that they are aware of the technical hazards inherent in the internet and mobile networks and the malfunctions that may result. Consequently, the Company cannot be held liable for any unavailability, slowdowns or failures of the internet network or any IT solutions, except in the case of proven negligence on its part.

Furthermore, in the event of incapacity for work of the person(s) in charge of the Service due to illness, accident, family reasons, maternity and/or paternity leave, etc., the Company reserves the right to replace them and/or suspend the service without the Customer being able to demand any compensation. The Company will notify the Customer of this incapacity within a reasonable time and, as far as possible, of its duration. Only a permanent impediment confirmed by the Company may give rise to a refund. If the permanent impediment is partial, only a partial refund will be granted.

13. Intellectual property

The Company or its Partners hold all intellectual property rights relating to the Site and the Service. These intellectual property rights cover in particular, but not exclusively, all content, texts, images, videos, graphics, logos, icons, sounds and software on the Site or making up the tools and materials provided on the Site and as part of the Service.

Access to the Site and the Service does not confer any rights on the User or the Customer over the intellectual property rights relating to the Site and the Service, which remain the exclusive property of the Company or its Partners.

The User or the Customer may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium, by any means, or exploit in any way whatsoever, all or part of the Site and the Service without the prior written authorisation of the Company or its Partners.

Any exploitation not previously authorised by the Company or its Partners, on any basis whatsoever, of all or part of the Site or the Service may give rise to any appropriate action, in particular an interruption of access to the Service or an infringement action.

In return for payment of the price requested at the time of the Order, the content, techniques, know-how and methods transmitted and, more generally, all the information of the Service are subject to a strictly personal, non-transferable and non-exclusive right of use for the duration of the Service selected by the Customer at the time of the Order, and for the duration of the contract only.

Accordingly, the Customer shall refrain from using and exploiting the Service on behalf of other people, including their colleagues or relatives. They are liable in the event of the transfer or unauthorised communication of the content of the Service or the sharing of their Login Details in any way whatsoever. The Customer guarantees that the Company’s or its Partners’ intellectual property rights will be respected by all their staff who may have access to the restricted content of the Site and all the content of the Service.

All distinctive signs used by the Company are protected by law and any use not authorised by the Company may give rise to legal action. The Company reserves the right to close the Customer’s access to the Service in the event of infringement of its intellectual property rights, without prejudice to any penalties and damages.

14. Reviews, references and communication

1. Online reviews.

Customers may post a review on the Site by filling in the form provided for this purpose. They undertake to give a faithful description of their consumer experience.

Reviews on the Site are dated and listed in chronological order.

These comments are checked by the Company.

Reviews are published in full. All reviews, positive or negative, may be published. However, publication of a review may be refused for any of the following reasons:

• comment made by a person who is not a Customer;

• insulting, defamatory, hateful or discriminatory comment;

• comment containing a hyperlink to a third-party site;

• comment unrelated to the service the review is about;

• comment mentioning personal data;

• unintelligible comment;

• comment contrary to any legal or regulatory provision in force on the day the review is published;

This check is carried out before the review is published, within 24 hours of the user posting it.

The check is semi-automated, partly by computer means and partly by human intervention. The automated check is used to identify illegal content, such as insulting or obscene remarks, copyright infringement or failure to respect the protection of personal data.

If the Company refuses to publish the review, the Customer is informed by email within 72 hours of the decision not to publish the comment.

Customers cannot modify a review after it has been published.

In any event, the Company reserves the right to contact the User who posted a review on the Site.

2. Customer references. Customers may be asked by the Company to be cited as beneficiaries of the Service. With the Customer’s agreement, the Company may be authorised to mention the Customer’s name, the review they gave the Company about the Service and an objective description of the nature of the Service provided to them in its lists of references and proposals to its prospects and customers, in particular on the Site, for advertising and promotional purposes, during discussions with third parties, in communications to its staff, in internal forecasting documents, and where required by legal, regulatory or accounting provisions.

3. Authorisation to use content. When the Customer sends written texts, videos and/or photographs to the Company to give their opinion or testify about the Service provided by the Company and, where applicable, makes comments or posts about the Company (for example on its social networks), to which their username and social network profile picture are attached, the Customer authorises the Company to use this content to promote its commercial activities. This content may be protected by image rights and/or copyright, and in that case the Customer grants the Company the right to adapt it (in form) and reproduce it on any medium, in particular by presenting it as a commercial reference and/or as a review. For example, the Company may take screenshots of social network posts concerning it or the Service the Customer received, and reproduce them on the Site as reviews.

The Customer acknowledges that they have been fully compensated and cannot claim any remuneration for the use of the rights referred to in this paragraph. These rights are granted for the lifetime of the Customer concerned, plus 70 years, and worldwide. The Company reserves the right to submit to the Customer any other request for authorisation to take pictures and transfer rights, for all cases not provided for herein or on an ad hoc basis.

4. Events. The provisions of the previous paragraph apply in the same way to videos and photographs taken at any type of event (public, reserved for customers, webinars, workshops, etc.) organised or co-organised by the Company. Recordings of events may be stored and published by the Company, including on social networks as extracts or as free or paid replays. If the Customer does not wish to appear, they may stand at the back of the room, avoid group photos, or let the photographer or camera operator know if they might be in shot. When the event is held remotely, the Customer may choose a pseudonym and not turn on their camera so as not to appear in screenshots. Professional Customers are responsible for informing their beneficiaries of the conditions for taking pictures.

15. Changes to the Terms

The Company reserves the right to modify the terms, conditions and mentions of the Terms at any time and without notice in order to adapt them to changes in the Site or its operation, and in the characteristics of the Service. The applicable conditions are those accepted by the Customer and sent to the Customer, in the case of distance selling, by any means of communication on a durable medium.

Changes to the Terms made by the Company will not apply to Services already subscribed to, except for clauses related to the technical development of the Service, provided that they do not result in a price increase or a change in the quality or characteristics on which the non-professional or consumer Customer based their commitment.

The Customer may also be invited to accept the modified Terms; failing this, the last Terms accepted continue to apply until the Service has been fully performed. If it is impossible for the Company to continue to provide the Service under the previous conditions, the Customer may request termination and a refund. In this case, the Company may retain an amount corresponding to the Service provided until termination, under the conditions provided by law.

16. Liability

1. Guarantee. Except under the conditions of any applicable legal or commercial guarantees, the Company is not bound by any obligation of result and provides no express or implied guarantee, including, without this list being exhaustive, regarding the continuity, performance, result or durability of the Service provided, which are subject to uncertainty.

The price of the Service in no way includes the costs the Customer will incur to achieve their objectives, and any amount of costs, for example for private lessons or suggested books, is always provided purely as an indication as part of the Service.

Any objectives, success stories or examples presented by the Company on the Site and as part of the Service assume the concrete and effective implementation of all the advice, techniques and tools provided as part of the Service and in no way constitute a promise of gain or result. The Company can in no way guarantee the Customer that they will obtain similar results, and these references are used only as examples.

2. Liability of Users and Customers. The User or the Customer is solely responsible for their interpretation of the information provided as part of the Services, the advice they deduce or that was given to them as part of the Services, and the adaptations made for their own objectives. The information is used under the Customer’s sole responsibility and at their own risk, which the Customer expressly accepts.

The Customer acknowledges that they received sufficient information and advice before committing and are aware that any result sought involves, by its nature, risks and requires considerable effort. The Customer declares that they are fully aware that the Services offered are informative only and do not commit the Company to the Customer achieving any result, except under a commercial and special guarantee applicable to the Service. No Service can be treated as a medical, psychological, legal or financial service. It does not lead to a State-recognised diploma, and has never been offered as such by the Company. The Customer remains completely free in their commitments and to withdraw from the Service under the conditions provided in the contract. They act under their sole responsibility.

In exchange spaces, the Customer assumes, as publisher, responsibility for communicating information to the public and editorial responsibility for all their communication, physical and online, in particular but not exclusively their website(s), blogs, pages and social network accounts. The Customer is solely responsible for the quality, lawfulness and relevance of the data and content they communicate to the public.

3. Limitation of liability. Whatever the Service plan selected by the professional Customer, the Company’s liability is expressly limited to compensation for direct damage proven by the professional Customer. Under no circumstances can the Company be held liable for indirect damage such as loss of data or files, operating loss, commercial loss, loss of earnings, or damage to the image and reputation of the professional Customer. Likewise, the Company cannot be held liable for direct and indirect damage caused to the User’s equipment when accessing the Site or the Service, resulting either from the use of equipment that does not meet the required conditions or from the appearance of a bug or incompatibility.

In any event, the Company’s liability towards professionals is capped at the amount of the price paid, excluding tax, by the Customer for the provision of the Service to which the dispute relates. This amount is the maximum that the Company may be required to pay as compensation (damages) and penalties, whatever the heads of damage claimed and the legal grounds relied on, unless the law or case law prevents it.

17. General provisions

The Terms and all the purchase and sale operations they cover are governed by French law. They are written in French. If they are translated into one or more languages, only the French text prevails in the event of a dispute. This English version is provided for information; the binding version is the French version.

The nullity of a contractual clause does not render the Terms null and void. The temporary or permanent non-application of one or more clauses of the Terms by the Company shall not constitute a waiver of the other clauses, which continue to produce their effects, nor a waiver of the right to invoke them in the future.

The Customer accepts that the Company may assign this contract to its affiliates or to a purchaser without their prior agreement.

18. Disputes

1. Amicable settlement. In the event of a dispute, the Customer will first contact the Company to try to find an amicable solution.

2. Mediation. In the event of difficulty in applying this contract, a consumer Customer residing in Europe may, before taking any legal action, use free of charge the consumer mediator to which the Company belongs:

To be admissible, the request for mediation must be preceded by a written complaint sent to the Company at contact@clapfrancais.com.

The mediator will try, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, if mediation is used, to accept or refuse the solution proposed by the mediator.

3. Disputes between professionals. In the event of a dispute between a professional Customer and the Company concerning the Service, or the interpretation, performance and/or termination of the contract, exclusive jurisdiction is given to the courts within the jurisdiction of the city of the Company’s registered office, notwithstanding multiple defendants or third-party claims, even for emergency proceedings or interim measures by summary or ex parte proceedings.

19. Copyright of films and series

1. Educational use of films and series: Clap Français uses films and series for strictly educational purposes. These works are protected by copyright and related rights, and belong to their respective authors or rights holders. The use of these works within the French Film Fluency Club complies with French copyright law and educational exceptions.

2. No extracts given to students: Clap Français does not provide or distribute extracts of films or series to students. Members may not copy, reproduce, distribute or transmit such extracts outside the strictly educational and supervised framework of the Club.

3. Limited liability of Clap Français: Clap Français cannot be held liable for inappropriate use of films and series by members outside the intended educational context. Members undertake to respect copyright and to use the works only within the educational framework offered by Clap Français.

4. Members’ commitment: By joining the French Film Fluency Club, each member undertakes to respect these conditions and not to infringe the copyright of the works used in the classes and activities offered by Clap Français.

20. Legal viewing of films

1. Use of legal platforms: Clap Français strongly recommends watching the films and series offered as part of its educational activities through legal streaming platforms. Each member is responsible for making sure that these works are watched in full compliance with copyright laws and the regulations in force on broadcasting rights.

2. Members’ obligation: Each member is responsible for finding a legal way to watch the films and series recommended by Clap Français in their country. Clap Français does not provide audiovisual content directly and is not responsible for members’ illegal access to the works.

3. Compliance with local laws: Members must comply with the laws of their country regarding copyright and the broadcasting of cinematographic and audiovisual works. In the event of non-compliance with these laws, Clap Français accepts no liability.

4. Commitment of good faith: By joining the French Film Fluency Club, each member undertakes to act in good faith to respect copyright and broadcasting laws, and to use legal means to access the recommended films and series.

21. Special conditions: immersion trips

The special conditions below apply to the Clap Français immersion trip in Lille (2027 edition). They complement these Terms and prevail over them in the event of a contradiction. Last update of these special conditions: 16/09/2026.

21.1. Purpose

These Terms of Sale apply to registration for the immersion trip organised by Clap Français from 19 to 25 March 2027 in Lille, during the Series Mania festival.

The trip includes educational, cultural and language activities led by Marion Trotté, French teacher and founder of Clap Français.

21.2. Legal status

Clap Français is a sole proprietorship under the French micro-entrepreneur status, registered under SIREN no. 877 721 100, whose main activity is teaching French as a foreign language and cultural activities.

VAT not applicable, article 293 B of the French General Tax Code.

Clap Français is not a travel agency: accommodation, transport and meals not explicitly included in the educational programme are the participant’s responsibility.

21.3. Prices and services

• Early bird price: €1,750 including tax per participant (learner), applicable from 15 September to 14 October 2026 inclusive.

• Full price: €2,150 including tax per participant (learner), applicable from 15 October 2026.

The services included and not included are described on the trip registration page.

21.4. Booking

• Registration is confirmed after payment of a deposit of 30% of the total amount.

• The remaining balance is paid in 1, 2 or 3 instalments, as chosen by the participant, specified after payment of the deposit. Each instalment is invoiced by email at least 2 weeks before its due date. The balance must be paid in full no later than 5 February 2027.

• The number of places is limited to 10 participants. Registration closes as soon as this limit is reached.

21.5. Confirmation of the trip

The trip is confirmed subject to a minimum of 4 registered learners. This threshold is checked no later than 15 November 2026.

If the threshold is not reached by 15 November 2026, the organiser reserves the right to cancel the trip. Participants are informed no later than 16 November 2026 and their deposit is refunded in full.

Participants are advised not to make any non-refundable booking before receiving confirmation of the trip.

21.6. Right of withdrawal

In accordance with the provisions of the French Consumer Code on distance selling, the participant in principle has a 14-day withdrawal period from payment of the deposit.

However, accommodation, transport, catering and leisure services to be provided on a specific date may be excluded from this right of withdrawal, in accordance with article L221-28 of the French Consumer Code.

21.7. Cancellation conditions

• Cancellation more than 60 days before the trip: refund of the balance (excluding the deposit).

• Cancellation between 30 and 60 days before the trip: refund of 50% of the balance (excluding the deposit).

• Cancellation less than 30 days before the trip: no refund.

In the event of cancellation by the organiser (force majeure, illness, cancellation of the festival, minimum number of participants not reached), all sums paid are refunded in full. No additional costs (transport tickets, accommodation, meals, insurance) can be claimed.

21.8. Responsibilities

• The participant is responsible for their accommodation, their meals other than those included in the programme, their transport and their personal insurance.

• Clap Français accepts no liability in the event of loss, theft, accident or incident during the trip.

• Participants are advised to take out travel/cancellation insurance.

21.9. Changes to the programme

The trip programme may be adjusted for reasons beyond the organiser’s control (changes in the festival programme, weather, availability of service providers). In this case, an alternative programme will be offered without a refund.

21.10. Personal data

The information collected during registration is used only to organise the trip and will never be passed on to third parties without consent.

21.11. Applicable law

These conditions are governed by French law.