GLOBE SPEAKER is a simplified joint stock company under French law with a share capital of 65000 euros, having its registered office located at Pépinière d'Entreprises Cap Omega Cs 39521 - Rond Point Benjamin Franklin - 34960 Montpellier, registered with the Trade & Companies Register of the Commercial Court of Montpellier under the number 82155212200037, and which operates a website with the domain name: https://lespetitsmandarins.fr/, the purpose of which being to improve Users' knowledge of the Chinese language and culture, including through the game "The Great Wall of Characters" created by Mrs Vigdis HERRERA.

"The Great Wall of Characters" is designed to allow Users to discover and practice the words of the Chinese language.

These words have been divided into 'steps' of "The Great Wall of Characters", which the User can access upon successfully completing the games offered in each previous step.

By using our site, Users agree to accept unconditionally these General Terms & Conditions of Use and Sale (hereinafter "General Terms & Conditions").

Article 1 – Definitions

PERSONAL DATA: pursuant to article 4.1 of the GDPR: means "any data relating to an identified or identifiable natural person (hereinafter referred to as "Data Subject"); it being specified that an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person."

DATA CONTROLLER: pursuant to article 4.7 of the GDPR: means the natural or legal person, public authority, department or other body which, alone or jointly with others, is responsible for determining the purposes and means of processing data. When these purposes and means are determined by EU law or the law of a Member State, the Data Controller may be appointed, or the specific criteria for the appointment of a Controller may be laid down by EU law or by the law of a Member State;

GPDR: (General Protection Data Regulation) (EU)Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

USER: for the purpose of these General Terms & Conditions, the User is defined as the natural person who uses the site for non-professional purposes, either as a visitor, or as the creator of an account, or as a subscriber to one of the subscriptions detailed below.

SERVICE PROVIDER: for the purpose of these General Terms & Conditions, the Service Provider refers to the company GLOBE SPEAKER, a simplified joint stock company under French law with a share capital of 65000 euros, having its registered office located at Pépinière d'Entreprises Cap Omega Cs 39521 - Rond Point Benjamin Franklin - 34960 Montpellier, and registered with the Trade & Companies Register of the Commercial Court of Montpellier under the number 82155212200037.

SITE: refers to the website accessible at https://lespetitsmandarins.fr/

Article 2 – Entirety of Contract

These General Terms & Conditions set out the entire extent of the obligations of the parties.

They constitute the sole framework of the contractual relationship between the parties, and the User agrees to having accepted them unconditionally and without any restriction.

These General Terms & Conditions shall prevail over any other document.

They shall apply, unconditionally and without any restriction, to all services provided to the User by the Service Provider.

The Service Provider reserves the right to modify these General Terms & Conditions at any time.

The latest version of the General Terms & Conditions published on the Site shall be applicable immediately upon publication thereof, including to all subscriptions contracted under previous versions.

Article 3 – Creating an Account

By creating an account granting access to the site, the User agrees to accept unconditionally these General Terms & Conditions.

When creating an account, the User agrees to:

• provide the Service Provider with all the necessary information, ensuring that information is accurate and up-to-date;
• not to use a fake identity or that of another person.

In the event of any future change in the personal information provided when creating the account, the User undertakes to update the information concerned as soon as possible.

WhenIf the User fails to comply with these terms, the Service Provider reserves the right, without notice or compensation, to suspend or terminate the User's Account and/or suspend access thereto.

WhenWhenChildren aged 15 years of age and above may use the services of the Site and create an account subject to obtaining consent of a parent or legal guardian.

WhenBy creating a User account, children are deemed to have obtained such consent.

WhenIn any event, parents or legal guardians are responsible for monitoring how their child uses the Site.

WhenUsers are solely responsible for the use of their login information, which is for personal use only.

WhenUsers undertake not to share their login information with any third party.

WhenUsers are solely responsible for the consequences of any loss, misappropriation or unauthorised use of their login information.

Article 4 – Abonnement

A user account is required to be able to sign up for one of the subscription packages.

Users acknowledge that any subscription they sign up for on the site constitutes a distance selling contract and that they must therefore have the legal capacity to enter into such a contract.

By signing up for a subscription, Users agree to accept unconditionally these General Terms & Conditions.

The services included in each subscription package are clearly detailed on the Site.

Users are hereby informed that the services included in each subscription package are subject to change over time, and that this may result in a reduction in the level of services provided without this giving rise to any entitlement to compensation.

The Service Provider reserves the right to change the nature and/or content of its subscription packages without it incurring any liability in this respect.

Users are informed that "The Great Wall of Characters" is a game designed to allow Users to discover the Chinese language.

Consequently, the Service Provider cannot assume any responsibility relating to how Users learn Chinese or to the objectives that Users may set themselves on a personal basis.

a) Subscription Packages

i. "Free" subscription package

With this subscription option, the User can access the first step of the game "The Great Wall of Characters".

ii. Abonnement "Classique"

With this subscription option, the User can access the first step of the game "The Great Wall of Characters".

Each of the steps that make up "The Great Wall of Characters" allows the User to discover a nd learn ten words in Chinese, and to consolidate the words learnt by playing games and accessing lessons, available on written and freely downloadable media. The Standard subscription gives the User access to all the lessons available on the website, and allows the User to play all the multimedia games that make up "The Great Wall of Characters", as well as to move on to the next step depending on the User's progress.

iii. "Premium" subscription package

With this subscription option, the User can access all the steps of the game "The Great Wall of Characters".

Moreover, in addition to being able to access all the lessons available on the website, and all the multimedia games included in the game "The Great Wall of Characters", as well as to move on to the subsequent step depending on the User's progress, the User also has access to a statistical tracking feature designed to monitor their child's learning progress.

The User also has access to a Frequently Asked Questions section containing questions from Users, and the Service Provider's answers thereto relating to the content of the website.

b) Subscription Process

By subscribing to a package, Users agree to accept the prices and descriptions of the services included in that package.

The User takes out a monthly subscription by filling out the form available online at https://lespetitsmandarins.fr/.

The subscription process requires prior registration.
After signing up for a subscription package and upon conclusion of the contract, the User may access the contents of the site https://lespetitsmandarins.fr/, relating to the selected package subject to the limitations set out in a) hereof.

Users may, at any time, upgrade their subscription package from Standard to Premium.

This upgrade shall constitute a new contractual agreement between the parties.

c) Payment of the Subscription Fee

i. Subscription Price

The price of the subscriptions offered by the Service Provider is displayed clearly and legibly on the Site.

• "Standard" subscription package: 8.29 EUR excl. VAT or 9.95 EUR incl. VAT.
• "Premium" subscription package: 12.46 EUR excl. VAT or 14.95 EUR incl. VAT.
• "Complete" subscription package: 25.00 EUR excl. VAT or 30.00 EUR incl. VAT.

The option of an annual subscription is also available.

• "Standard" subscription package: 83.00 EUR excl. VAT or 99.60 EUR incl. VAT.
• "Premium" subscription package: 125.00 EUR excl. VAT or 150.00 EUR incl. VAT.

The Service Provider reserves the right to increase the price of its subscription packages subject to the following conditions:

• For a monthly subscription: the Service Provider shall notify the User of the increase in the subscription fee at least fifteen (15) days before said increase takes effect.
• For an annual subscription: the Service Providers shall notify the User of the increase in the subscription fee at least thirty (30) days before said increase takes effect.

Provisions relating to both monthly and annual subscriptions: in the event that the User does not agree to the increased subscription fee, the User is required to expressly notify the Service Provider. In such an event, the subscription will be cancelled. This cancellation may not give rise to any compensation. Once the price change has become effective, the User will be deemed to have accepted it, and the subscription will continue at the new price.

The Service Provider may decide to temporarily maintain the hitherto applied subscription price for certain objective categories of Users even after displaying an increase in the public rate displayed on the Site.

The Service Provider reserves the right to temporarily conduct promotional offers, which may or may not be accessible to Users who have already signed up for a subscription package.

It is to be expressly noted that the Service Provider is subject to Value Added Tax, having the following VAT identification number: FR62821552122.

ii. Terms of Payment

The subscription fee is to be paid exclusively by means of monthly direct debit from the User's bank account.

Users are required to enter their bank account details when placing the order.

The Service Provider reserves the right to suspend the management of the User's subscription and any related services if there is a payment issue debiting the amount from the User's bank.

The first payment is debited immediately after the User signs up for the subscription.

Users will be able to access the contents of the Site included in their subscription package upon immediate payment of the subscription fee.

All subscription orders are verified by the Service Provider's bank to prevent another person's bank details from being used fraudulently without the account holder's knowledge.

As part of this verification process, Users may be asked to send the Service Provider by fax or e-mail a copy of their identity document and proof of address.

The subscription will only be confirmed once the Service Provider has received and checked these documents.

In accordance with legal requirements, in the event of any delay in payment, the Service Provider is obligated to charge late payment interest at a rate of three times the legally applied interest rate.

In addition, the Service Provider shall be entitled to suspend provision of services until full payment of the outstanding amount has been received, without incurring any liability with regard to said non-provision of services.

iii. Free Subscription

Users have the possibility to offer a Standard or Premium monthly or annual subscription to a third party, such as a friend or family member.

The User will then receive a gift card containing a gift code, which is sent to the e-mail address entered when placing the order.

The User is solely responsible for ensuring the accuracy of the e-mail address provided for receiving the gift card.

The recipient of the gift code can then register on the Site, and benefit from the subscription package being offered.

Payment for the gift card will be debited immediately after purchase.

However, the subscription will only start when the recipient of the gift code registers on the Site using the gift code.

Subsequent payments will be debited on the anniversary of the registration date.

It is hereby specified that the subscription offered is subject to the whole of these General Terms & Conditions and in particular to the terms of duration and renewal provided for in article 5. b).

In the event that the User who offered the subscription decides to cancel the subscription, the Service Provider reserves the right to offer the recipient of the gift subscription the possibility to continue with that subscription.

d) Subscription Confirmation

The subscription will be confirmed by e-mail no later than when the services are due to start. This e-mail will be sent to the e-mail address entered by the User at the time of signing up for the subscription.

The entering of the User's bank details online and subsequent confirmation of the subscription shall be deemed a signature and unequivocal agreement of the User:

• to pay the subscription fees due;
• and to accept all operations and processing on the Site.

In the case of fraudulent use of bank details, the User should immediately upon discovery thereof contact the Service Provider by one of the means specified in the contact section of the Site.

The contract shall be deemed to have been concluded at the moment when the Service Provider sends the confirmation e-mail.

The contract between the Service Provider and the User is concluded for an indefinite period, renewed tacitly for the same duration on the anniversary date of the signature of the Contract.

e) Proof of Transaction

The Service Provider's computer records (stored in the Service Provider's information systems under reasonable security conditions) shall be considered proof of communication, subscriptions and payments between the parties.

Registration forms and invoices are archived on reliable and durable media which can be produced as proof if necessary.

Article 5 – Termination of Contract

a) Right of Withdrawal Not Applicable

In accordance with the provisions of the first paragraph of Article L.221-28 of the French Consumer Code, the right of withdrawal may not be exercised for service contracts that have been fully executed or performed before the end of the withdrawal period if the execution or performance began with the User's express consent and with the acknowledgement that the right of withdrawal would be lost.

b) Duration of Subscription

i. Monthly Subscription

The subscription period is normally one month.

This is renewed tacitly at the end of the subscription period for the same duration.

ii. Annual Subscription

The User may opt for a subscription period of twelve months, in return for which the User will benefit from a more advantageous rate in accordance with article 4. c) of these General Terms & Conditions.

This is renewed tacitly at the end of the subscription period for the same duration.

c) Termination of Contract

If the User fails to perform of any of his/her obligations, the Service Provider reserves the right to terminate the subscription ipso jure with immediate effect and without notice.

Termination shall be effective as soon as the Service Provider notifies the User of its intention to terminate the contract.

Thereupon, access to services shall be automatically terminated, and the User will not be entitled to any compensation whatsoever.

Users are free to cancel their subscription at any time by simply requesting it, subject to the provisions of article 5. b) of these General Terms & Conditions.

The subscription will then end on the last day of the current monthly or annual subscription period.

As an exception to the foregoing, a subscription offered under the conditions provided for in Article 4. c. iii. may be terminated by either the person who offered it (and who subsequently pays for it) or by the recipient User.

In any event, no refund will be given for any subscription fees already paid, or payable in the case of an annual subscription.

Article 6 - Intellectual Property/Copyright

All content on the Site https://lespetitsmandarins.fr/ belongs to the Service Provider and is protected by copyright.

As such and in accordance with the provisions of the French Intellectual Property Code, the content of the Site is for Users' own personal use only.

Beyond this, Users may not copy, modify, share, distribute, transmit, broadcast, represent, reproduce, publish, licence, transfer or in any other way exploit the information featured on the Site.

Any other use will constitute an infringement of copyright law.

The game "The Great Wall of Characters" available on the Site is protected by French law and by current and future international treaties and conventions on intellectual property.

The use of this gaming software does not transfer any intellectual property rights to the User, who is exclusively entitled to use it for the User's own personal use.

Also, unless expressly authorised by the Service Provider or the respective copyright holders, and subject to applicable legal exceptions, it is prohibited to reproduce, represent, adapt, disclose publicly or make available all or any part of the game in any form and by any means whatsoever.

"GLOBE SPEAKER" is a registered trademark for which the company GLOBE SPEAKER has obtained an exclusive right of use.

Article 7 – Non Waiver

The Service Provider's neglect to enforce any of its rights under these Terms & Conditions in the event the User does not fulfil his/her contractual obligations shall not be deemed to be a waiver of that or any other of its rights and shall not prevent the Service Provider from enforcing its rights in the future.

Article 8 - Partial Invalidity

If any provision or clause of these General Terms & Conditions should be held unenforceable or invalid, only that specific clause or provision shall be declared null and void without affecting the validity or enforceability of the remaining clauses or provisions of these General Terms & Conditions.

Article 9 - Access to Site

The Site can be accessed at https://lespetitsmandarins.fr/. Nevertheless, the Service Provider reserves the right to change the site's http address at any time subject to notifying Users with subscriptions beforehand.

Access to the Site requires an Internet connection and suitable computer equipment, the costs of which are to be borne by the User.

The costs relating to accessing and navigating on the Site are to be borne exclusively by the User.

a) Availability of Services

Access to the Site is possible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the software publisher's or the site hosting company's control.

Users acknowledge that they are fully aware of the technical constraints of the Internet, and in particular that the technical reliability of data and information transmissions made on the Internet is only relative since they are made using a wide range of different networks with diverse characteristics and technical capacities, which can occasionally disrupt or make access to the Site impossible.

The Service Provider is not bound by any performance obligation with regard to the accessibility of the Site. The Service Provider shall by no means be held responsible for any Internet-related service interruptions or their resulting consequences for the User or any third party.

The Service Provider reserves the right, without prior notice, to suspend, interrupt or limit, access to all or part of the Site, in particular for purposes of maintenance and updates necessary to ensure proper functioning of the Site and related resources, or for any other reason, particularly technical reasons.

The User is informed that the Service Provider may at any time and without notice decide to terminate the services offered on the Site or modify the characteristics thereof without the User having any recourse against the Service Provider.

b) Legal Notice

In order to ensure the smooth operation of the Site from a technical point of view, Users are required to fulfil certain technical requirements. It is understood that with the constant technical developments affecting the Internet network, these requirements are subject to change.

Generally speaking, Users are required to meet the technical requirements set out in this article to be able to access the Site and ensure the best user experience. In addition to having the necessary computer skills, the following technical requirements should be met:

• Screen: 1024x766 resolution
• Browsers: Internet Explorer 10; Mozilla Firefox 52.0; Google Chrome; Safari.

It is the responsibility of Users to check to ensure that their computer configuration does not contain any viruses and is in perfect working order. Users acknowledge that they have read this legal notice and agree to abide by its terms.

In general, Users shall refrain from carrying out any action that is likely to hinder or disrupt the proper functioning or accessibility of the Site.

Article 10 – Technical Responsibility

The Service Provider shall take every care to ensure its services are performed as best as possible.

However, the Service Provider cannot be held liable in the event that it fails to perform any of its obligations owing to a case of force majeure as defined by French jurisprudence.

Likewise, the Service Provider shall not be liable for any issues inherent in the use of the Internet that may arise or damage that may be incurred during the online ordering or payment process.

The Service Provider shall in no event be held liable or responsible for any consequential damages incurred in connection with the use of the Site, such as business interruption, loss of profit, loss of opportunity, damages or expenses.

The Service Provider undertakes to ensure that the Site functions properly.

However, the Service Provider is not in a position to guarantee uninterrupted access to the Site. The User is therefore informed that access to the Site may occasionally be limited or suspended by the Service Provider, in particular for the purpose of carrying out maintenance operations.

Access to the Site may require specific equipment or a specific hardware/software configuration.

It is the responsibility of Users to ensure that they meet these technical requirements.

The Service Provider cannot guarantee that the Site and its related server are free of viruses or other harmful components. It is the responsibility of Users to take all appropriate measures to protect their own data and/or software from any viruses circulating on the Internet.

The User accepts that the Service Provider and its suppliers cannot be held liable for any incidental loss nor damage resulting directly or indirectly from access to or use of the Site, including inaccessibility, loss of data, loss of quality, destruction or viruses that may affect the User's computer equipment, and/or from the presence of viruses on the Site.

Furthermore, any material downloaded and/or obtained in any way whatsoever while using the Site is done so at the User's own risk. The Service Provider shall not be liable for any damage and/or loss of data affecting a User's computer.

Article 11: Transfer of Contract

The User may not assign, transfer or grant usage rights, including on a temporary basis, to any individual or legal entity except subject to the terms and conditions of the Premium subscription, which allows for the creation of two accounts and the possibility to offer a subscription.

The Service Provider may freely assign the contract or any or all rights thereunder to any individual or legal entity.

Article 12: Information Contained in the Site

The information displayed on the Site is non-binding and provided for information purposes only. It does not commit in any way the Service Provider, who may modify it without notice.

The Service Provider shall do its utmost to ensure to the best of its ability that the information displayed is accurate and up-to-date. However, the Service Provider cannot guarantee the accuracy, reliability and exhaustiveness of said information, and declines all responsibility in this regard. The Service Provider shall not be liable for any errors or omissions in the Site's content or in any referenced document. The User is invited to check any information published on the Site with official sources.

Article 13: Personal Data

GLOBE SPEAKER is responsible for processing Users' Personal Data which are hosted on servers of the company OVH - 2 rue Kellermann, 59100 Roubaix.

When registering for the Services, the User's Personal Data is collected. This data is collected in compliance with the provisions of (EU)Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (known as the General Protection Data Regulation or GPDR).

Users are informed that the lawful basis for processing their Data is as follows:

• Article 6.1.b of the GDPR: "processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract".
• Article 6.1.c of the GDPR: "processing is necessary for compliance with a legal obligation to which the controller is subject".

The Personal Data required to access the Site are intended for the accounting and commercial departments. In accordance with the law n°78-17 of January 6, 1978 relating to the Protection of Private Data and with the GDPR, Users may access, rectify or delete their Personal Data, object to their Data being processed, or request data portability.

The following Personal Data are collected on this site:

• Email address
• Login
• Name
• First name
• Mailing address
• Date of Birth
• Gender

Generally, the purpose of collecting these data is to be able to make the Site's services available, to improve those services and to maintain a secure environment.

More specifically, these data are required to ensure the following operations:

• access and use of the services provided to the User by GLOBE SPEAKER
• day-to-day management and optimisation of the Site
• creation and use of payment services
• verification, identification and authentication of the data shared by the User
• implementation of User support
• prevention and detection of malware fraud, and management of security incidents
• management of any disputes with Users
• sending of commercial and advertising materials depending on User preferences

GLOBE SPEAKER has taken actions intended to ensure software and physical digital security, and has implemented organisational and technical measures aimed at protecting Personal Data from being altered, destroyed or accessed without authorisation. However, the Internet is not a completely secure environment, and the Site cannot guarantee the total security of the transmission and storage of information.

Pursuant to applicable data protection regulations, Users have the right to:

• update or delete their data by logging onto their account and configuring their account settings
• delete their account. Please note, however, that any information shared with other Users, for example on forums, may remain visible to the public on the Site even after the User's account has been deleted
• exercise their right of access to know what Personal Data has been processed. To exercise this right, Users are required to provide proof of identity.
• request their Personal Data be updated.
• request their Personal Data be deleted in accordance with applicable data protection laws.

To exercise these rights, Users should contactGLOBE SPEAKER by e-mail at: contact@globespeaker.com or by post at: Pépinière d'Entreprises Cap Omega Cs 39521 - Rond Point Benjamin Franklin - 34960 Montpellier.

All information relating to the protection of Personal Data is accessible on the page of the Site dedicated to this subject.

The Service Provider therefore reserves the right to collect the User's personal data, in particular through the use of cookies.

Users have the possibility to refuse these cookies by enabling the relevant option in their browser, or even to delete them bearing in mind however that this could adversely affect user experience.

See Cookie Management Policy here.

Article 14: Breaches by the User - Indemnification

When using the Site, the User undertakes to comply with all legislative and regulatory provisions and requirements, with the use of netiquette and these Terms and Conditions. Users are informed that any breach or infringement of said provisions is likely to result in legal proceedings and sanctions against the User concerned.

In general, the Service Provider accepts no responsibility if a User fails to comply with said provisions when using the Site and its services.

Users agree to act quickly and diligently to respond to any legal claim.

Users shall be liable to the Service Provider and/or to third parties for any direct and/or indirect material and/or immaterial damages of any nature whatsoever that may be caused by Users and/or their agents in case of improper use. The User shall indemnify, defend and hold harmless the Service Provider and its parent, sister or affiliate companies, representatives, employees, partners against any and all claims, demands, and/or complaints of any kind arising from any breach of these provisions.

The User shall also immediately upon request indemnify the latter against any damage and/or legal action or complaint from third parties resulting from any breach of these provisions. This indemnification by the User applies equally to any damages and interest that may be incurred, irrespective of their cause or origin, whether direct or indirect, such as legal fees, expert fees, court costs and tax costs.

Article 15: Applicable Law and Dispute

These General Terms & Conditions are subject to French law.

The parties shall make every effort to reach an amicable solution to any disputes that may arise between them.

If necessary, these will be brought before the appropriate court with material and territorial jurisdiction.

Users are informed that they are entitled to file a complaint with the Consumer Ombudsman in accordance with the conditions laid down in Articles L. 611-1 et seq. of the French Consumer Code, and in line with the complaints procedure specified at the following Internet address: https://www.economie.gouv.fr/mediation-conso.

Users can contact the consumer ombudsman responsible for GLOBE SPEAKER at the following email address: julien@globespeaker.com

Please note that according to the introductory article of the French Consumer Code: (…) "consumer" means a natural person who is acting for purposes which can be regarded as outside his trade or profession; - professional: any natural or legal person, acting for purposes relating to their trade, business or profession, whether publicly or privately owned, including when acting on behalf of another professional."..

Version 1.5.0 published on 14 February 2022.