General terms and conditions of sale and use

The website www.123monecole.com is published by 123 MON ECOLE Paris 15,

hereinafter referred to as 123 MON ECOLE,
A simplified joint stock company with a capital of 5,000 euros
whose registered office is located at 28 rue Frémicourt - 75015 Paris (France)
registered under the number 752 469 353 (R.C.S. Paris)
Intracomun number / siren : FR15752469353

UAI code: 0755875D,
Tel: + 33 (0)1 71 37 32 46
Email : contact@123monecole.com
Director of publication : Léa Sorli
Website host www.123monecole.com : Scaleway
Address of the host: 8 rue de la Ville l'Evêque, 75008 Paris (France)
Host's phone number: +33 (0)1 84 13 00 00 - fax: +33 (0)899 173 788
Date of creation of the site www.123monecole.com : 5 September 2016

Last update of the General Terms and Conditions of Sale and Use: October 2021

 

GENERAL CONDITIONS OF USE AND SALE OF THE SITE www.123monecole.com

 

Ensemble Scolaire 123 Mon École (hereafter "Ensemble Scolaire 123 Mon École") is composed of private nursery schools - secular and out of contract - which offer a bilingual French/English education based on the Montessori pedagogy as well as bilingual extra-curricular activities.

 

Ensemble Scolaire 123 Mon École now has 5 independent schools on several sites:

 

  • 123 mon école Paris XVe - La maternelle - 3/6 years old : 28 rue Frémicourt, 75015 Paris
  • 123 mon école Paris XVe - La preschool - 2/3 years : 37 avenue de Lowendal, 75015 Paris
  • 123 mon école Asnières - La maternelle et preschool : 58 rue de la Sablière, 92600 Asnières-sur-Seine
  • 123 mon école Boulogne - La maternelle et preschool : 87 rue du Château, 92100 Boulogne-Billancourt
  • 123 mon école Bois-Colombes - La maternelle et preschool : 6 rue Hispano Suiza, 92270 Bois-Colombes

ARTICLE 1 - PURPOSE - APPLICATION ENFORCEABILITY - DEFINITIONS

 

1.1 Purpose

The purpose of the General Conditions is to set out the rules for the use of the Site, in whatever capacity, by any User having access to the Site. They also define the terms and conditions for the admission of students and their enrolment in the schooling provided within the School.
Thus, each User undertakes, during each of his/her visits to the Site, to respect the General Conditions which apply to all the services available on the Site, whether they are provided free of charge or sold.
Consequently, all Users accept all the General Conditions before any application for admission, registration, re-registration and online purchase of services, any consultation of information and/or simple free use of the Site. They are therefore invited to read the General Conditions carefully, to print them out and/or to save them on a durable medium.
The conditions under which the children are enrolled by the School and follow the extra-curricular activities as well as the reciprocal rights and obligations of the parties are also defined in the Internal Regulations established by 123 Mon Ecole. Its provisions complete those of the General Conditions. The Internal Regulations are available online on the Site and must be accepted when a student registers or re-registers online with the School.
The General Terms and Conditions and the Internal Regulations are presented on the Website in French.

 

1.2 Application and enforceability

1.2.1 The fact that 123 My School, the Institution or the User does not avail itself at a given time of any of the clauses of the General Conditions and/or the Internal Regulations may not be interpreted as a waiver by 123 My School, the Institution or the User of the right to avail itself of any of the said clauses at a later date.

1.2.2 123 Mon École is free to modify the General Conditions and the Internal Regulations at any time in order to adapt them to changes in the Site and/or legislation. The User is therefore advised to regularly refer to the latest versions available on the Site and to cease its use in the event of disagreement with the provisions of the General Conditions and the Internal Regulations in force.
However, for Members, the General Terms and Conditions and the Internal Regulations applicable are those in force on the day the application for admission of the child to the School for the school year concerned is submitted.
Any condition contrary to the General Terms and Conditions and/or the Internal Regulations requested by the User and not accepted by 123 My School and the School shall not be binding on the latter.

1.2.3 Unless proven otherwise, the data recorded on the Site constitutes proof of all transactions between 123 Mon École or the Establishment and any User.

 

1.3 Definitions

In the Terms and Conditions words or expressions beginning with a capital letter have the following meaning:
Extra-curricular activities means the activities offered on Wednesdays within the Establishment to children aged between 2 and 7 years. Extra-curricular activities are subject to an admission procedure independent of schooling. For Extra-curricular Activities, please visit www.123mesactivites.com, accessible from the Site, under the heading "Extra-curricular Activities".

The Software Application refers to the secure internet platform of the website https://app.ecole-futee.com/ to which the User is automatically redirected when he/she wishes to create an Account and proceed with the online registration of his/her child.

Admissions Office means the information and assistance service made available to Users by 123 My School. The Admissions Office can be contacted by telephone on + 33 (0)1 71 37 32 46 (a number that is not surcharged from a landline telephone in France) from 9:00 a.m. to 5:00 p.m., except on Saturdays and Sundays, or by e-mail or by post at the following addresses (contact@123monecole.com) or 123 Mon École 28, rue Frémicourt - 75015 Paris (France).

Account means the personal and protected space made available to the Member from the Software Application dedicated to the management of school life, secured and accessible from the Site. The Account allows the Member to access, after having identified himself by his access codes, the Software Application in connected mode, as well as the personal information he has communicated. The opening of an Account allows to benefit from certain functionalities which are only accessible to Members. The creation of an Account requires a valid email address.
General Conditions refers to the present general conditions of use and sale of the Site and which also govern the relationship between the User and the School where their child is enrolled as well as with the subcontractors of the Site.
Establishment means one of the kindergartens of the 123 Mon École school complex chosen by the Member for the registration of their child. Initially founded in 2012, each establishment of the Ensemble scolaire 123 Mon Ecole is referenced by the Rectorats of the Academies of Paris and Versailles.

Member means collectively the parent(s) or legal guardian(s) who have opened an Account.
Internal Regulations means the internal regulations established by 123 My School defining the rules of life within the School which must be respected by the child and his/her parents or legal guardians.

Site means the website " www.123monecole.com " and its mobile version, operated by 123 Mon École.

User means any natural person having access to the Site, on a non-professional basis, regardless of where they are and how they are connected. The User may therefore be a Member or a simple Internet user.

 

ARTICLE 2 - ACCESS AND USE OF THE SITE

 

2.1 The equipment (computers, telephones, software, telecommunication means, etc.) allowing access to the Site is the exclusive responsibility of the User, as are the telecommunication costs incurred by their use.

 

2.2 The User undertakes not to infringe the rights of 123 Mon École and undertakes to
- to use and/or download the information on the Site on his/her equipment for exclusively personal, non-commercial and time-limited use;
- to print the downloaded information on paper only on the condition that the copies thus made are for exclusively personal use, which excludes in particular any reproduction for professional or commercial purposes or mass distribution, whether free of charge or not;
- not to copy and/or reproduce all or part of the Site, in particular on another site, another application or an internal company network;
- not to reproduce, reuse, summarise, alter, modify, move, extract, replace, store, rebroadcast, represent or retain, directly or indirectly, on any medium whatsoever, by any means and in any form whatsoever, all or part of the information and/or reproductions (illustrations, photos, etc.) appearing on the Site and/or the name, logo(s) and trademarks of 123 Mon École or any third party;
- to put in place control systems adapted to technical developments in order to avoid any "piracy" of the Site and in particular to avoid the illicit use or use contrary to the General Conditions of all or part of the information and reproductions appearing on the Site in any way and in any form whatsoever;
- to inform 123 Mon École as soon as it becomes aware of any "piracy" and in particular of any illicit or non-contractual use of all or part of the Site, regardless of the means of distribution used.

 

2.3 The User shall not use any device, software or program that interferes or attempts to interfere with the proper working of the Site.
Thus, the User undertakes, each time he/she uses the Site, to adopt normal and reasonable behaviour and not to hinder, in any way whatsoever, its proper functioning.
In particular, the User undertakes to:
- not to disrupt, slow down, block or alter the normal flow of data exchanged when using the Site;
- not to accelerate the rate of scrolling of the contents of the Site in such a way that its operation is modified or altered;
- not to commit any other action having an equivalent disruptive effect on the functionality of the Site;
- not to fraudulently access, maintain, interfere with or disrupt the Site's access systems.

 

ARTICLE 3 - PRESENTATION OF SERVICES AND AVAILABILITY

 

3.1 Each School provides bilingual education (French and English) based on the Montessori pedagogy for children aged 2 to 6 years.

For extracurricular activities and holiday activities that cannot be registered on the Site, it is necessary to go to https://123mesactivites.com/.
The Member only has access to the services to which he/she has subscribed.

 

3.2 Each service is described on the Site. This description mentions the essential characteristics of the service and its duration.
In case of doubt or if additional information is required, the User is invited to contact the Admissions Office, whose contact details are given in Article 8 below.
The photographs presenting the services on the Site are provided for illustrative purposes.

 

3.3 The offers of services and their prices are valid, in the absence of any indication of a particular duration, as long as they are visible on the Site. The services offered are offered within the limits of the places available or in the presence of a sufficient number of participants.

 

In the event that a service is unavailable after it has been subscribed to, the Member shall be informed immediately by e-mail. In this case, the member shall be reimbursed for the amounts already paid within 14 days of 123 Mon École sending the email notifying the member of the unavailability of the service in question.

ARTICLE 4 - ONLINE REGISTRATION AND PURCHASE PROCEDURES

 

4.1 Creating an Account

4.1.1 The submission of an online application form on the Site is an essential and compulsory prerequisite to any procedure offered on the Site.
The User is automatically redirected to the Software Application in charge of subcontracting data relating to the admission of students. The User must then fill in the compulsory fields (indicated by an asterisk) on the Software Application that appear in the application form. Failure to communicate and validate the information mentioned as compulsory will make it impossible to submit the application for admission to school and to create the Account.
At this stage, the Member undertakes to provide true, accurate and complete information and to keep it up to date without delay.
In order to inform 123 Mon École of the modifications made to the data that the Member provided when creating his or her Account:
- for the invoicing data, the Member can proceed to their modification by going directly to the section named "SEPA" on the Software Application,

  • for changes in contact details, the Member can make the changes himself by going directly to the section called "PROFILE" on the Software Application,
    - for data relating to the state of health of their child, the Member must inform 123 mon école of any changes by contacting the administration whose contact details are

In the event that the member provides false, inaccurate, outdated or incomplete information, 123 Mon École is entitled to refuse any application for admission, registration or re-registration for the desired service, to suspend it or to cancel it under the conditions set out in article 4.2.7 of the general terms and conditions, without this giving rise to any obligation or indemnity.

 

4.1.2 When creating an Account, the Member is required to choose access codes (an identifier and a password) that are personal to him/her. The Member's access codes allow him/her to identify him/herself and to have permanent access to his/her Account as well as to subscribe to the services offered on the Site. They also guarantee the confidentiality of the information contained in his Account.
It is therefore the Member's responsibility to protect the confidentiality of his Account and access codes. Unless proven otherwise, any connection to the Software Application or transmission of data using the Member's access codes shall be deemed to have been made by the Member. In this respect, the Member is responsible for all financial consequences resulting from the use of the Site and the Software Application in its name but also on behalf of third parties, including minors, unless it can be shown that the use was fraudulent and not due to any fault or negligence on its part. Consequently, the Member undertakes to keep his or her access codes secret and shall refrain from disclosing them in any form whatsoever to third parties. In this respect, the Member may explicitly disconnect at the end of each session.
In case of loss, theft, accidental disclosure or forgetting of his access codes, the Member has the possibility to generate new ones directly on the Software Application.

 

4.1.3 The Account allows the Member to consult the history of its registrations and purchases, its invoices and to download them in pdf from its Account.
Each Member is free to close his or her Account at the end of the subscribed service. To do so, he/she must send an e-mail to the Admissions Office, whose contact details are given in Article 8, indicating that he/she is requesting the deletion of his/her Account. No recovery of his data will then be possible.
123 Mon École reserves the exclusive right to close the Account of any Member who has contravened the General Terms and Conditions and/or the Internal Regulations or any Account that has been inactive for at least one year. The said deletion shall not constitute damage for the Member who shall not be entitled to claim any compensation as a result. This deletion is not exclusive of the possibility, for 123 Mon École, to undertake legal proceedings against the Member, when the facts justify it.

 

4.2. The process for a first application

4.2.1 Families wishing to enrol their children are invited to come and visit the School by signing up for one of the information meetings, where the 123 Mon Ecole team will present its operation and answer questions. Enrolments are made directly online from the website.

 

4.2.2 Registration for school education provided by the School is compulsory and takes place online as indicated below:

The Member fills in the information requested in the application form, available on the Software Application, accessible from the Site from the "Visits and Registrations" tab.

Unless there is a derogation or special case, applications for admission are made for a specific period, indicated on the Site. Furthermore, the dates for admission of children are not the same if it is a first application or a re-registration.

 

When applying for admission, the Member shall indicate the school year concerned. He/she provides information on his/her civil status, family and professional situation. He/she provides information on his/her child's state of health. They choose the type of schooling, i.e. full-time or part-time. He/she defines the method of payment that will be used for the payment of school fees (direct debit or payment by cheque), as well as the frequency (monthly or quarterly) of these payments.

They choose the type of catering for their child - school canteen or lunch box - and the method of payment.

Finally, the form collects all the authorisations requested by 123 mon école, namely: authorisation to go out on foot to the square or to a cultural establishment; authorisation to be photographed in the context of school life, intended for families only; authorisation to communicate email addresses to other parents in the school; authorisation to be transported to the emergency room in case of need.

 

Documents required for the application :

  • A digital portrait photograph of the child
  • The birth certificate or copy of the birth certificate of the child(ren)
  • A medical certificate confirming the child or children's immunization record
  • Payment of the application fee (non-refundable and non-deductible from tuition fees)
  • If necessary, a copy of the child’s progress report for mid-year
    primary applications.

The Member is also requested to take note of the General Conditions and the Internal Rules, also available on the Software Application.

Before clicking on the "Send" button, the Member shall have the possibility to go back to the previous pages to correct possible errors or to modify the application or to cancel it. Finally, the Member validates the application by clicking on the "Send" button. The Member shall finally pay the non-refundable application fee of 350 euros which is not deductible from the tuition fees. To do so, he/she will be redirected to the "Stripe" online payment platform.

 

4.2.3. The Member shall receive, as soon as possible, an e-mail confirming that the application for admission has been taken into account and that the application fee has been paid.

They are then invited to return to their parent space to complete and sign the following documents online:

  • General conditions of sale and use of the 123monecole.com website
  • Internal rules of the school complex 123 mon école

 

4.2.4 Response from 123 My School and confirmation of registration 

The application for admission is then validated by the Admissions Office, which informs the Member of the places available by e-mail, within a period of time previously fixed and communicated on the Site.

Members who receive a positive reply to their application for admission must provide the Management of 123 Mon Ecole with the elements requested by e-mail, namely the means of payment chosen to pay for the child's schooling (SEPA direct debits or cheques).

 

4.2.5 Documents required to close the application

  • Remittance of payment methods for school fees and annexes (SEPA or cheques)
  • A certificate of civil liability (to be handed in at the start of the school year)

 

4.2.6 The application for admission to the education provided by the School is only definitively validated and the child enrolled when the Member receives an email from 123 My School by which the School confirms its express agreement to the admission of the child and the enrolment of the latter (this confirmation email will include the services subscribed to, the means of payment chosen, the General Terms and Conditions and the Internal Rules in force at the time of enrolment).

 

4.2.7 Cancellation or refusal of admission by 123 My School

123 Mon École reserves the right to cancel or refuse any application for admission of a User and registration of the child :
- with whom there is a dispute relating to the payment of a previous service,
- who has not respected the provisions of the General Conditions and/or the Internal Regulations in the past,
- in the event that 123 Mon École does not receive the means of payment chosen to pay the school fees and options within the time limit, following the email confirming the child's admission,
- in case of non-payment,
- if the information required to open a Member's Account and/or to pay for the service subscribed to and/or for its performance is erroneous or cannot be verified,
- in the event of reaching the capacity of reception or insufficient number of children registered.

4.2.8 Archiving

The electronic admission confirmations sent to Members as well as the General Conditions and the Internal Rules signed by them are archived by 123 Mon École on a reliable and durable medium. They may be requested by writing to the Admissions Office, whose contact details are given in article 8 below, or consulted on the Member's Account.

 

4.3. The re-registration process 

An application for admission for a child already enrolled at 123 Mon École is given priority by the Admissions Office. Within the limits of available places, a child who starts his or her schooling in a 123 Mon Ecole establishment will benefit from a place for the entire duration of the nursery cycle, provided that his or her parents or legal guardians reiterate the admission each year, at the times and under the conditions previously defined and communicated to the Members.

The period and procedure for re-registration are communicated to families by e-mail each year.

The procedure for re-enrolling a child already enrolled at 123 My School is done through the Online Member, as for a first application. Apart from the different deadlines, the procedure is carried out in accordance with the provisions of article 4.2 above.

 

4.4 : The in-year admission process

Subject to the availability of places, the Admissions Office may register a new child during the school year.

The admission procedure shall be carried out by the Member online, as for an initial application. Apart from the different deadlines, the procedure shall be carried out in accordance with the provisions of Article 4.2 above.

The calculation of the invoice will be adjusted according to the date of entry of the child into the Establishment.

 

ARTICLE 5 - PRICES - PAYMENT CONDITIONS

 

5.1. The price of the services is shown on the Site and is accessible from the "Tuition Fees" section. The prices are indicated per School and per school year.
The prices of the services are indicated in Euros.
The total amount due by the Member is shown on the confirmation page of the online application, as well as the payment methods chosen.

 

5.2. The price paid by the Member is the one in force on the day of the online submission of the application.
123 Mon École reserves the right to modify the price of its services at any time. However, the services shall be invoiced on the basis of the prices in force on the day on which the member submits his or her application for admission online.

 

5.3 The payment of the application fee shall be made by the Member :
- either by credit card via the secure system set up by the payment service provider Stripe. The amount to be paid shall be immediately debited from the Member's bank or postal account and the application for admission shall be considered validated as soon as the card is debited;
- or by cheque, at the Member's request.

An invoice is sent to the Member by e-mail.

 

5.4 Payment of tuition and catering fees

5.4.1 School fees are invoiced annually and can be paid by cheque or direct debit or by cash within the legal limit of 1,000 euros with an additional payment by cheque for the balance of the invoice due. In the event of non-payment of school fees on the dates indicated on the invoice (monthly and/or quarterly instalments), the Management reserves the right to no longer accept the child in the School. The financial costs generated by the non-payment of the subscribed services shall be borne by the Member.

For children enrolled during the course of the year, school fees will be calculated on a pro rata basis from the month in which the child starts school (any month started being due), to which will be added a flat-rate invoice corresponding to one month's extra schooling.

For example, if the child arrives in January, the school fees will be calculated on a pro rata basis over 6 months (January to June) plus a flat rate of one month's extra tuition.

Payment method:

  • or by cheque in three instalments, made payable to 123 Mon École, given at the time of the child's admission.
  • or by quarterly or monthly direct debit
  • or in cash up to the legal limit of 1,000 euros with an additional payment by cheque for the balance of the invoice due

 

5.4.2 The invoicing of meal costs is annual and is carried out as follows. For the reception during the year, the calculation of meal costs is made from the first day the child has lunch at the school.

Payment method:

  • or by cheque in three instalments, made payable to 123 Mon École, given at the time of the child's admission.
  • or by quarterly direct debit
  • or in cash quarterly within the legal limit of 1,000 euros with an additional payment by cheque for the balance of the invoice due

 

5.5 In the event of unpaid bills, the Institution shall contact the Member directly. If necessary, a reminder letter will be sent, possibly followed by a formal notice sent by recorded delivery.
Any new enrolment will only be possible when the costs of schooling and extra-curricular activities have been paid in full.

In the event of a payment incident, bank charges will be charged to the Member and the Institution reserves the right to recover the amounts due by any legal means. The costs incurred for refunds may also be charged to Members.

5.6 It is expressly agreed and accepted by the Member that in the event that the School is closed due to a cause beyond the control of 123 Mon École (in particular due to an epidemic or pandemic), no reimbursement of school fees will be made, and educational continuity will be ensured during the closure of the School and/or if a change in the school calendar is decided by the State or local authorities allowing the postponement of the education that could not be provided.

ARTICLE 6 - FOLLOW-UP OF APPLICATIONS FOR ADMISSION

 

Members may follow the progress of their registration by contacting the Admissions Office, whose contact details are given in Article 8 below, for any questions. They may also visit the space dedicated to them on the Software Application.

 

ARTICLE 7 - RIGHT OF WITHDRAWAL AT THE TIME OF REGISTRATION

 

In accordance with the provisions of article L 221-18 of the French Consumer Code, the Member has a right of withdrawal under the following conditions:

The Member may exercise his right of withdrawal, without reason or cost, within 14 clear days of receiving the e-mail by which 123 Mon Ecole confirms the acceptance of his application for admission and the enrolment of his child in the School.

The right of withdrawal can be exercised as soon as the application is submitted online, without even waiting for the e-mail from 123 My School informing the Member of its agreement.

When the 14-day period expires on a Saturday, Sunday or public holiday, it shall be extended until the next working day.
The Member may exercise his right of withdrawal by sending the standard withdrawal form, which can be downloaded by clicking here, or any other unambiguous statement expressing his wish to withdraw to the following postal address: 28 rue Frémicourt 75015. An e-mail may also be sent to 123 Mon École at the following address: contact@123monecole.com.

Tuition fees, catering and childcare fees already paid will be reimbursed. This reimbursement will be made as soon as possible and at the latest within 14 days from the date on which 123 Mon Ecole was informed of the Member's decision to withdraw. The refund will be made according to the initial method of payment used by the Member at the time of registration.

 

ARTICLE 8 - THE ADMISSIONS OFFICE

 

For any information or question on the schooling provided within the School as well as for the other services offered on the Site, the Admissions Office is available to Users from Monday to Friday from 9 am to 5 pm:
Tel: +33 (0)1 71 37 32 46 (call not surcharged from a landline in France)
E-mail: contact@123monecole.com
Address: 123 Mon Ecole 28 rue Frémicourt 75015 Paris.

 

ARTICLE 9 - INTELLECTUAL PROPERTY

 

9.1 All logos, trademarks, other distinctive signs, visuals, photos, texts, comments, illustrations, drawings and images reproduced on the Site are subject to copyright and intellectual property rights. Any total or partial reproduction of these elements and of the Site is therefore strictly forbidden without the prior written consent of 123 Mon École or its partners.

 

9.2 The User undertakes not to use the content of the Site as well as all the information brought to his or her attention in a manner that may infringe the rights of 123 Mon École or its partners and that their use never constitutes an infringement or an act of unfair competition.

 

ARTICLE 10 - DURATION OF SERVICES - CANCELLATION AND TERMINATION CONDITIONS

 

10.1 A child's enrolment in the School is for a fixed period corresponding to one school year.

 

10.2 Except in the case of non-payment or for serious reasons, enrolment in the school may not be terminated by 123 Mon École during the school year.

 

10.3 Subject to the application of the provisions of Article 7, in the event of cancellation of registration by the Member, the application fees shall remain the property of 123 Mon École and shall not be reimbursed after the application file has been examined.

 

10.4 If a Member cancels the enrolment of his/her child after the expiry of the withdrawal period but before the first day of the child's schooling, the school fees for the first term of the child's schooling shall nevertheless remain payable to 123 Mon Ecole, except in the case of cancellation:

  • results from a case of force majeure as defined by article 1218 of the French Civil Code,
  • is due to a legitimate and compelling reason,
  • results from a decision of 123 My School or from serious misconduct on its part

After the start of the school year, Members who cancel their child's registration during the year will only be reimbursed under the conditions set out in Article 10.5 below.

 

10.5 If a child leaves the School during the year, the full amount of the school fees is due unless the child leaves the School:

  • results from a case of force majeure as defined by article 1218 of the French Civil Code,
  • is due to a legitimate and compelling reason,
  • results from a decision of 123 My School or from serious misconduct on its part

 

Thus, in the event of force majeure within the meaning of Article 1218 of the French Civil Code, of a legitimate and compelling reason, of a decision by 123 Mon Ecole or of a serious fault on its part, forcing the child to leave the School, only the school fees and the catering fees will be retained in proportion to the days spent by the child in the School.

In all other cases, the Member will only be reimbursed for the cost of meals, in proportion to the number of days spent by the child in the School and on the condition that the Management of 123 Mon Ecole is notified at least one month before the planned date of departure by registered letter with acknowledgement of receipt.

 

10.6 In any case, the Member whose child leaves the School prematurely during the school year must inform the Management of 123 My School by registered letter.

 

ARTICLE 11 - EFFECTS OF THE TERMINATION OF THE SUBSCRIBED BENEFIT - CLOSURE OF THE ACCOUNT

 

The expiry or termination of the subscribed service, for any reason whatsoever and whoever is responsible for it, shall immediately and automatically lead to the deletion of access to the Member's Account.
The Member shall be informed by e-mail or postal letter of the deactivation of his or her Account.
In case of closure of the Member's Account, whatever the cause, the Member will no longer be able to order online on the Site as of the effective date of the closure of its Account.
Whatever the cause, the closure of the Member's Account does not give the Member any right to compensation of any kind.

 

ARTICLE 12 - PROCESSING OF PERSONAL DATA - COOKIES

 

12.1 The Data Controller who collects the personal data of Users on the Site and implements the processing of their data is :

The company 123 Mon Ecole " Société par actions simplifiée with a capital of 5.000 euros, registered under the number 752 469 353 (R.C.S. Paris) whose head office is located at 28 rue Frémicourt - 75015 Paris (France - France - telephone: 33 (0)1 71 37 32 46 - email address: contact@123monecole.com.

 

12.2 123 Mon Ecole endeavours to protect the privacy of the Users of the Site by respecting the French regulations in force. Thus, 123 Mon Ecole takes care to adopt and respect a data processing policy that complies with the regulations in force. In this respect, 123 Mon Ecole respects the European law applicable to the protection of personal data, and in particular, the European General Regulation on the Protection of Personal Data n°2016/679 of 27 April 2016 (known as the "RGPD"), as well as the French legislation taken in application of the latter (i.e. the "Informatique et Liberté" law of 6 January 1978).

On each of the collection forms present on the Site and the Software Application, Users are informed in particular of the purposes pursued by the processing of their data collected by means of the form, of the compulsory or optional nature of the answers requested (indicated by an asterisk) and the consequences of a failure to answer, of the duration of the storage of their data, of the recipients of the latter as well as of the existence and the methods of exercising all their rights.

Thus, in order to register for the services offered on the Site, the Member must transmit information. The information identified by an asterisk is essential to open an account and to register for the desired services. Without this information, 123 Mon Ecole will not be able to process the registration request and the Member will not be able to proceed with the online submission of the admission file.
The other information requested for which the answer is optional is intended to better know the Member and the child in order to improve the services provided by 123 Mon Ecole as well as the School where the child will be enrolled and is, therefore, optional. The Member is free not to answer them.

123 Mon École does not collect any information concerning the User without his/her knowledge and consent. The same applies to information concerning registered children.

Personal data is collected, depending on the case, either automatically as a result of Users' visits and/or actions on the Site and the Software Application, or directly from Users (via a collection form that Users voluntarily fill in), or indirectly via 123 Mon Ecole's partners or social networks.

Thus, 123 My School collects the personal data of Users when :

  • they browse the Site and the Software Application,
  • they fill in forms online,
  • their relatives subscribe to one of the services on the Site in which they will participate,
  • they subscribe to one of the 123 My School newsletters
  • they contact 123 My School (by email or telephone)
  • they make their payments online,
  • they send their testimonials and opinions to be published on the Site,
  • they share content from the Site or their opinion of it via Facebook, Instagram, Twitter and Linkedin from the Site.

 

12.3 123 Mon Ecole takes into account the principles of data minimisation, data protection by design and data protection by default. Consequently, personal data are only collected that are relevant, adequate and limited to what is necessary for the purposes for which they are processed.

123 Mon École may thus collect and process the personal data of Users (particularly when they have become Members) and the following information

 

  • the surname and first name of the Users and their children,
  • their civility,
  • their email address,
  • their age,
  • their date of birth,
  • their nationality,
  • their telephone numbers (fixed and/or mobile),
  • their professions,
  • data on the child's compulsory immunisation status at the time of enrolment or re-registration of their child
  • medical information that may have an impact on the child's schooling or on the organisation of the School due to the need for specific care (in particular the presence of a disability requiring special care or an adaptation of the conditions of reception, the setting up of a PAI, with the express consent of Users,
  • if necessary, information about the child's specific diet
  • their login and password,
  • a digital photograph of their child with the express consent of the Users,
  • information relating to the chosen means of payment (including in particular the bank card number and its expiry date, as well as the bank card holder),
  • proof of insurance, cancellation or damage,
  • the history of services ordered, offers consulted and any complaints,
  • the list of services provided and their cancellation,
  • the User's experience of the Site and the services provided.

In some cases, 123 Mon Ecole may collect information that the User provides about other people. 123 Mon Ecole uses this information only to respond to the User's request and will not send any commercial communication or newsletter to these persons unless they choose to receive communications from 123 Mon Ecole.

 

12.4 Users' personal data is collected for specific, explicit and legitimate purposes.

Depending on the case, Users' personal data may be used for :

  • allow them to access and use the Site,
  • enable them to become Members
  • the management of their enquiries,
  • the processing and management of their school registration,
  • managing their Account and customising their profile,
  • allow a better description of the services presented on the Site,
  • the execution of profiling operations in order to personalise 123 Mon École's service offer according to the User's various experiences on the Site and the services already provided,
  • online payments,
  • management and follow-up of the relationship (telephone/email), in particular in order to contact Users about their child's schooling and to deal with the various aspects of their child's school life (mail, invoices, insurance, educational follow-up, etc.),
  • the management and monitoring of the exercise of Users' rights,
  • facilitate navigation on the Site,
  • sending support or service messages, updates, security alerts,
  • the sending of newsletters from 123 Mon École to which the Users have subscribed, and commercial offers. If the Member no longer wishes to receive newsletters and commercial solicitations, he/she may at any time make a request to this effect by writing to the following e-mail or postal addresses: contact@123monecole.com or 123 Mon École, service des newsletters, 28 rue Frémicourt 75015 Paris (France).
  • the management of notices,
  • personalisation and improvement of online services and advertisements,
  • the security of the Site,
  • to verify or authenticate the information transmitted by Users,
  • to compile statistics and performance data in order to analyse the activity of the Site and improve the services offered on it (and in particular for audience measurement and statistics such as the number of pages viewed, the number of visits, as well as the activity of Users on the Site or the geographical area in which they live),
  • detect and prevent fraud (including identity theft), security incidents and other abusive and/or illegal activities (including the creation of false accounts, hacking),
  • the retention of connection logs,
  • respect the legal obligations of 123 Mon Ecole .

123 Mon École may also use the personal data collected for administrative purposes or for any other purpose imposed by the legislation in force.

 

12.5 Personal data are processed by 123 Mon Ecole only in the cases permitted by the applicable regulations, and in particular under the following conditions

  • when the User has given free, specific, informed and unambiguous consent to the processing of his/her personal data (e.g.: subscription to newsletters, sending of commercial solicitations),
  • when this is necessary for the execution of the services ordered or of pre-contractual measures taken at its request (e.g.: the creation of the Account, the execution of the services, the follow-up of the schooling, the invoicing and the payment of the services, the execution of any other current or future service related to the use of the Site),
  • to comply with legal or regulatory obligations (e.g. invoice retention, fight against fraud),
  • when the legitimate interests of 123 Mon Ecole may be such as to justify processing by it (e.g. making its services known, carrying out profiling operations, implementing IT security measures).

Information in accordance with the applicable law is provided in each case.

 

12.6 The personal data collected is intended for the company 123 Mon École, which is responsible for its processing. More specifically, it is used by the following internal departments: administrative services, personal data management and accounting.

This data may also be transmitted to the School where the child is enrolled, to 123 Mon École's service providers or subcontractors who contribute to the processing of admission applications submitted on the Site and the Software Application, to the payments made online or to the management of the Site and its database, all of which are subject to a non-disclosure obligation. Depending on the choices made by the Member when submitting his or her application for admission, some of this data may also be communicated to other parents who have enrolled their children in the School.
This data will not be transmitted to third parties for advertising and prospecting purposes.
Similarly, 123 Mon Ecole will not sell or rent any information or personal data transmitted by the Member without his/her express prior consent.

In addition, 123 Mon Ecole may be required to transmit personal data to the police authorities in the context of judicial requests concerning the fight against fraud or the protection of minors.

Data (in particular relating to the identification of Users) is also shared with third parties when the User uses the social buttons present on the Site. This use is governed by the terms of use of the social networks concerned, which the User is invited to consult.

 

12.7 Personal data is protected by technical and organisational measures that comply with French and European legal and regulatory requirements, ensuring its security and confidentiality.

123 Mon Ecole uses protection technologies such as " Cookieyes " (RGPD compliant), " CCPA ". 123 Mon Ecole has also set up regular updates of all the software making up the 123 Mon Ecole servers, antivirus systems and daily back-up procedures. Similarly, only authorised persons can access the premises where the 123 Mon Ecole servers are located, which are all installed in a secure room.

All online payment transactions are carried out via secure payment systems. Confidential payment data is transmitted directly and in encrypted form to the corresponding institution.

123 Mon Ecole ensures, under the terms of written commitments and signed contracts, that its service providers, personal data hosts or subcontractors present the necessary guarantees and implement sufficient security measures to ensure the protection of personal data whose processing is entrusted to them, in accordance with the requirements of the regulations in force on the protection of personal data.

Although 123 Mon Ecole takes reasonable steps to protect Users' personal data, no transmission or storage technology is completely foolproof.

In accordance with the applicable regulations, in the event of a proven breach of personal data likely to give rise to a high risk for the rights and freedoms of Users, 123 Mon Ecole undertakes to communicate this breach to the competent supervisory authority and, where required by the said regulations, to the persons concerned (individually or in general, as the case may be).

Without prejudice to the foregoing, it is the responsibility of Users to exercise caution to prevent unauthorised access to their personal data and terminals (computer, smartphone, tablet,).

In addition, the Site offers the User links to third party websites that may be of interest. 123 Mon Ecole has no control over the content of these third party sites or over the practices of these third parties with regard to the protection of personal data that they may collect. Consequently, 123 Mon Ecole declines all responsibility concerning the processing of personal data by these third parties, which are not subject to its personal data protection policy. It is the User's responsibility to find out about the personal data protection policies of these third parties.

 

12.8 The personal data collected and the related supporting documents are not kept beyond the duration of the child's enrolment in the School or the examination of applications for admission which have not been processed, with the exception of

- data enabling the correct payment of the services subscribed to, which are kept for the time necessary to collect the sums due,

- the surnames, first names and e-mail addresses of those Members who have expressly agreed to receive the 123 Mon Ecole newsletter and its commercial offers. This data is then only kept as long as the Member has not asked 123 Mon Ecole to delete it and in any case for a period that cannot exceed 3 years from the date of collection.

Some of these data are then archived with restricted access for an additional period of time for strictly defined reasons (legal obligations or for evidentiary purposes) and authorised by law (payment, unresolved dispute, guarantee, etc.) or are used for statistical purposes after being anonymised. After this archiving period, the personal data is deleted.

However, there are specific cases where the retention period for personal data is shorter.

When the User exercises his rights in application of the regulations on the protection of personal data, 123 Mon Ecole may keep a copy of his identity document for a maximum period of 12 months for requests for the right of access and rectification and 3 years for the exercise of the right of opposition.

Cookies are kept for a maximum of 13 months from the date they are placed. Similarly, IP addresses relating to consultations carried out on the Site are kept (after having been anonymised) for a period that cannot exceed 13 months.

Finally, as regards credit card data, these are in principle deleted once the transaction has been completed, i.e. as soon as payment has been made. However, their deletion may be deferred to the execution of the ordered service, increased, if necessary, by the withdrawal period.

In the case of payment by bank card, the card number and the date of validity of the card may be kept for the purpose of proof in the event of a possible dispute over the transaction, in intermediate archives, for the legal period of 13 months following the date of debit. This period may be extended to 15 months to take account of the possibility of using deferred debit cards. This data must be used only in the event of a dispute over the transaction.

The data relating to the visual cryptogram is not stored. When the expiry date of the credit card is reached, the credit card data is deleted.

 

Finally, unless the Member objects, a digital identity photo of his/her child will be kept by the School for the duration of the school year and will never be communicated to third parties. Furthermore, the educational activities carried out within the framework of the schooling provided sometimes involve the use of a camera. Children may therefore be photographed or filmed on these occasions. In accordance with the legislation in force concerning the rights linked to the image of individuals, the taking and dissemination of these images shall only be carried out with the prior and express authorisation of the Member and shall be strictly limited to publication on the secure blog of the Site accessible only to families who have registered their children for schooling. 123 Mon Ecole will not make any commercial use of these images for any purpose whatsoever. The duration of conservation of these images and their diffusion will be limited to 12 months. The captions accompanying the photographs and/or films shall not infringe on the reputation of the child and/or the Member or on their private life.

The Member may at any time have the images appearing on the Site's blog removed and object to any further dissemination by sending an e-mail to the following address: contact@123monecole.com.

 

12.9 Subject to the limits provided for by the regulations in force, each User has the following rights with regard to his personal data:

Right of access

The User is entitled to obtain confirmation from 123 Mon Ecole whether or not personal data concerning him/her is being processed and, if so, to request access to said personal data, including the purposes of the processing and the recipients. This right is not absolute, however, insofar as 123 Mon Ecole must take into account the rights and freedoms of others.

In this respect, the User may request to receive an electronic copy (for any additional copy, 123 My School is entitled to demand payment of a reasonable fee based on the administrative costs incurred).

Before responding to a User's request, 123 Mon Ecole is required by law to verify the User's identity. 123 Mon École may also ask the User to provide more information in order to respond to the request.

Right of rectification

The User has the possibility to request the correction of personal data concerning him/her that are incorrect and the limitation of their processing for the time of their correction. The User also has the right, depending on the nature of the processing, to request that the personal data in the possession of 123 Mon Ecole be completed. In this case, 123 Mon Ecole may ask the User for proof.

Right to object

Where the collection and processing of personal data is based on the User's consent (e.g. registration for newsletters, use of cookies), the User has the right to withdraw consent at any time.

However, 123 Mon Ecole shall be entitled not to comply with the User's request if it can be shown that there are legitimate and compelling reasons for the processing of the User's personal data which override the User's interests and rights and freedoms, or for the establishment, exercise or defence of legal claims. In accordance with the regulations in force, the withdrawal of the User's consent is only valid for the future and therefore does not call into question the lawfulness of the processing carried out prior to this withdrawal.

Right not to be subject to a decision based exclusively on automated processing

Subject to certain limitations, the User has the right to object to being the subject of a decision based exclusively on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way.

Right to erasure ("right to be forgotten")

The User may also request the deletion of his/her personal data in the following cases

  • his or her personal data are no longer necessary for the purposes for which they were collected or otherwise processed,
  • he/she wishes to withdraw his/her consent on which the processing of his/her personal data was based and there is no other legal basis for such processing,
  • he/she considers and can establish that his/her personal data have been unlawfully processed,
  • his or her personal data must be erased by virtue of a legal obligation.

The User may alternatively, within the limits provided by law, request the limitation of the processing of his/her personal data.

Notwithstanding the exercise of the User's right to erasure or limitation, 123 Mon Ecole may retain some of his or her personal data when required or authorised by law, when 123 Mon Ecole has a legitimate reason to do so, for the exercise or defence of legal rights (such would be the case if 123 Mon Ecole considers that the User has violated the General Conditions).

Right to limit the processing of personal data

The applicable regulations provide that this right may be invoked in certain cases, in particular the following:

  • When the User disputes the accuracy of his/her personal data,
  • Where the User considers and can establish that the processing of his/her personal data is unlawful but objects to the erasure of his/her personal data and demands instead the restriction of the processing,
  • when 123 Mon Ecole no longer needs the User's personal data but it is still necessary for the establishment, exercise or defence of legal rights,
  • when the user objects to processing based on the legitimate interest of 123 Mon Ecole, during the verification of whether the legitimate motives pursued by the data controller prevail over his own.

Right to portability of personal data

The User may, within the limits of the law, ask 123 My School to

  • on the one hand, to recover, in a structured format commonly used and readable, the personal data that it has communicated to 123 Mon Ecole in an automated way and,
  • on the other hand, to transmit these personal data to another data controller without 123 Mon Ecole being able to object to this.

Right to lodge a complaint with a supervisory authority

If, despite the efforts of 123 Mon Ecole to preserve the confidentiality of the User's personal data, the User believes that his or her rights have not been respected, he or she has the right to lodge a complaint with a supervisory authority.

For France, this is the CNIL (https://www.cnil.fr/fr).

A list of supervisory authorities is available on the European Commission's website at the following link: https: //ec.europa.eu/info/law/law-topic/data-protection_en.

Right to decide what happens to personal data after death

Finally, the User has the right to organise the fate of his or her personal data post-mortem by adopting general or particular directives. 123 Mon Ecole undertakes to respect these directives. In the absence of directives, 123 Mon Ecole recognises the possibility for the heirs to exercise certain rights, in particular the right of access and the right to oppose the processing of the User's personal data.

 

12.10 For any question relating to 123 Mon Ecole's personal data protection policy and/or to exercise his rights as described in article 12.9, the User may contact the company 123 Mon Ecole, either electronically or by post, by sending a letter specifying the right(s) he wishes to exercise, accompanied by a copy of an identity document and indicating his first and last name and, if applicable, those of his child, to the following e-mail address: contact@123monecole.com or to 123 Mon Ecole - 28 rue Frémicourt 75015 Paris (France).

123 Mon Ecole undertakes to reply to the User as soon as possible, and in any event within one month of receipt of the request.

If necessary, this period may be extended by two months, taking into account the complexity and number of requests addressed to 123 My School. In this case, the User will be informed of this extension and the reasons for the postponement.

If the User's request is submitted in electronic form, 123 Mon Ecole will also respond electronically where possible, unless the User expressly requests otherwise.

If 123 Mon Ecole does not respond to the User's request, 123 Mon Ecole will give the reasons for this and the User will then have the possibility of lodging a complaint with a supervisory authority (in France the CNIL) and/or of taking legal action.

 

12.11 123 Mon Ecole will in principle store the User's personal data in the European Union.

 

12.12 The Site uses computer applications from third parties, which allow the User to share the content of the Site with other people or to make known to these other people the User's opinion concerning a content of the Site. This is notably the case of the "Share" and "Like" buttons from social networks (Facebook, Twitter, Instagram, Linkedin).

The use of social networks by the User to interact with 123 Mon Ecole is likely to lead to exchanges of data between 123 Mon Ecole and these social networks.

For example, if the User is connected to the Facebook social network on his or her computer and views a page on the Site, Facebook may collect this information. Similarly, if the User clicks on the "Instagram" button on a page of the Site, Instagram will collect this information.

If the User does not want the social network to link the information collected through the Site to his/her account, he/she must log out of the social network before visiting the Site.

In any case, 123 Mon Ecole advises the User to consult the privacy protection policies of these social networks in order to be aware of the personal data that they may collect thanks to these application buttons as well as the purposes for which their data is used, in particular for advertising purposes. The User may configure access and confidentiality of his data directly on the social networks.

 

12.13 Cookies

When a User consults the Site, information relating to his or her browsing is likely to be recorded in text files called "cookies" deposited on his or her terminal (computer, mobile or tablet), subject to his or her choices concerning cookies, which he or she may modify at any time.

Only the sender of a cookie can read or modify the information contained in it.

123 Mon Ecole uses the solution that consists in proposing to the user to personalize his choices, to manage the collection of the consents or the refusal to the deposit or to the reading of the cookies and to respect the right of the Users to the withdrawal of their consent. The simple fact of visiting the Site (home page or directly on another page of the site from a search engine for example) does not imply acceptance and does not lead to the installation of cookies subject to your prior consent. As long as the User has not accepted them, no cookie subject to prior consent will be deposited or read on the User's terminal. The refusal to give consent or the absence of choice does not prevent access to the Site.

These cookies are issued by 123 Mon Ecole in order to facilitate navigation on the Site and to ensure the proper functioning of certain services (in particular the online validation of the application form).

Third party cookies may also be placed in order to identify the services consulted on the Site and thus to establish statistics. These cookies allow 123 Mon Ecole to know the use and performance of the Site, to establish statistics, volumes of traffic and use of the various elements of the Site (content visited, path) allowing it to improve the interest and ergonomics of the services (the pages or sections most often consulted). Cookies are also used by 123 Mon Ecole to count visitors to a page. These cookies are deposited by Google Analytics and are subject to its cookie policy.

The issuance and use of cookies by third parties is subject to the privacy policies of those third parties. 123 Mon Ecole has neither access to nor control over third party cookies. However, 123 Mon Ecole ensures that the partner companies process the information collected on the Site in compliance with the law "Informatique et libertés". The Member can always refuse third party cookies by making the appropriate settings in his browser.

 

If the User shares the use of his/her terminal with others

If the User's terminal is used by several people or has several browsers, 123 Mon Ecole cannot assure the User that the services and advertisements intended for his terminal correspond to his own use of this terminal and not to that of another user of this terminal.

Consequently, the sharing with other persons of the use of the User's terminal and the configuration of the User's browser settings with regard to cookies are the free choice and responsibility of the User.

In addition to the fact that the User can continue to visit the Site by refusing cookies, several possibilities are also offered to manage cookies.

In the event of refusal of cookies or their adjustment, the User is likely to modify his navigation on the Internet and his conditions of access to certain services present on the Site requiring the use of cookies. Thus, his visit to the Site and the security of his navigation may be impaired. Similarly, certain pages and functions may be inaccessible.

The User may express and modify his or her wishes with regard to cookies at any time, by the means described below.

The User may configure his or her browsing software so that cookies are stored in his or her terminal or, on the contrary, that they are rejected, either systematically or according to their sender.

The User may also configure his or her browser software so that the acceptance or refusal of cookies is proposed from time to time, before a cookie is likely to be recorded in his or her terminal.

The User's choices are never final. At any time, he can deactivate, free of charge, all or part of the cookies according to the procedure described below.

If the User's browser is set to reject all cookies, the User will not be able to create an Account or take advantage of essential features of the Site.

The configuration of each browser is different. It is described in the help menu of the browser of the User's terminal, which will allow him/her to know how to modify his/her wishes regarding cookies. The User can deactivate cookies or delete them by using the options of his browser. As each browser is different, the User is invited to consult the instructions for his or her browser in order to set the parameters as required.

 

  • Firefox TM :
    1. Open Firefox
    2. Press the "Alt" key
    3. In the menu at the top of the page click on "Tools" and then "Options".
    4. Select the "Privacy" tab
    5. In the drop-down menu to the right of "Retention Rules", click on "Use custom settings for history".
    6. A little further down, uncheck "Accept cookies".
    7. Save your preferences by clicking on "OK".
      More information

 

  • Internet Explorer TM:
    1. Open Internet Explorer
    2. In the "Tools" menu, select "Internet Options".
    3. Click on the "Privacy" tab
    4. Click on "Advanced" and uncheck "Accept".
    5. Save your preferences by clicking on "OK".
      More information

 

  • Google Chrome TM :
    1. Open Google Chrome
    2. Click on the tool icon in the menu bar
    3. Select "Options".
    4. Click on the "Advanced Options" tab
    5. In the "Cookie settings" drop-down menu, select "Block all cookies".
      Read more

 

  • Safari TM :
    1. Open Safari
    2. In the top menu bar, click on 'Safari', then 'Preferences'.
    3. Select the "Security" icon
    4. Next to "Accept cookies", check "Never".
    5. If you want to see the cookies that are already saved on your computer, click on "View cookies".
      More information

These cookies are stored on the User's computer for a maximum of 13 months from the date of their placement.

Finally, IP addresses relating to consultations made by the User on the Site are collected and kept for statistical purposes, after being anonymised.

For more information, the User may consult the CNIL website(http://www.cnil.fr).

 

ARTICLE 13 - LIABILITY

 

13.1. Limitation of liability

13.1.1 The services offered on the Site comply with French legislation. 123 Mon École shall not be held responsible in the event of non-compliance with the legislation of another country.

 

13.1.2 123 Mon École undertakes to make its best efforts to secure access, consultation and use of the Site in accordance with the rules of use of the Internet. However, 123 Mon École cannot guarantee that the Site will be free of anomalies, viruses, errors or bugs, nor that these can be corrected, nor that the Site will function without interruption or breakdown, nor that it will be compatible with any computer equipment or particular configuration.
The Site is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the control of 123 Mon Ecole and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Site.
Maintenance work may be carried out without prior notice to the User.

 

13.1.3 The User declares that he/she accepts the characteristics and limits of the Internet, and in particular its technical performance, the response times for consulting, querying or transferring data and the risks associated with the security of communications.
In this respect, the User acknowledges that :
- use of the Site is at the User's own risk; the Site and its content being accessible to the User "as is" and according to its availability;
- the User is responsible for any damage to his/her terminals and/or any loss of data resulting from downloading or consulting the Site;
- It is therefore up to the User to take all appropriate measures to protect his/her own data and/or software from contamination by any viruses circulating on the Site;
- no advice or information, whether oral or written, obtained by the User from 123 Mon École or during the use of the Site is likely to create guarantees not expressly provided for by the General Conditions;
- The User is solely responsible for the use he makes of the Site;
- the communication of his access codes or, in general, of any information deemed confidential is made under his own responsibility;
- It is the User's responsibility to take all necessary measures to ensure that the technical characteristics of his equipment allow him to consult the Site.

13.1.4 The Site may include hypertext links to other sites.
The User therefore acknowledges that 123 Mon École cannot be held responsible for any damage or loss, proven or alleged, consecutive to or related to the use or to the fact of having taken knowledge of the contents, advertisements, products or services available on these external sites or sources. Likewise, 123 Mon École cannot be held responsible if the user's visit to one of these sites causes him/her harm.
If, despite the efforts of 123 Mon École, one of the hypertext links present on the Site points to a site or an Internet source whose content does not comply with the requirements of French law or does not appear to do so to a User, the latter undertakes to contact the Site's Director of Publication immediately, whose contact details are given in the Site's legal notice, in order to communicate the address of the pages of the third party site in question.

 

13.2 Force majeure

Neither the User nor 123 Mon École shall have failed in their contractual obligations insofar as their execution is delayed, hindered or prevented by a case of force majeure as defined in article 1218 of the French Civil Code.

 

ARTICLE 14 - LANGUAGES USED - APPLICABLE LAW - MEDIATION - DISPUTES

 

14.1 The General Conditions have been drafted in French, which will be considered, in any case, as the sole language of the parties.

 

14.2 The interpretation and execution of the General Terms and Conditions, as well as all acts and agreements that may follow or result from them, as well as all claims and disputes between the parties, shall be governed by French law, regardless of the nationality of the User (Member or simple Internet user) and his/her address.

 

14.3 In case of dispute, an amicable solution will be sought. To this end, the User (Member or simple Internet user) is kindly requested to contact the Management of 123 Mon École in writing (by email: contact@123monecole.com or by mail 123 mon école, service litige, 28 rue Frémicourt, 75015 Paris - France) by indicating his/her name, first name, address, email and possibly the name and first name of the child concerned.

 

14.4 The User (Member or simple Internet user) also has the possibility of resorting to mediation. The Mediator is neither a judge nor an arbitrator; he or she is a neutral, impartial third party, independent of 123 My School.
To this end, 123 Mon École offers the User (Member or simple Internet user) free recourse to the Association of Independent Mediators of the Ile de France (AMIDIF) whose contact details are as follows AMIDIF - 1 Place des Fleurus - 77100 Meaux - France.
This mediation procedure may only be initiated if the 123 Mon École dispute service has not responded satisfactorily to the written request of the User (Member or simple Internet user).
In this case, the User (Member or simple Internet user) may contact the mediator by Internet on the site www.amidif.fr or by sending an e-mail to contact@amidif.com or a letter to AMIDIF - 1 Place des Fleurus - 77100 Meaux-France.
Whatever the means used to contact AMIDIF, the User's request (Member or simple Internet user) must contain the following elements in order to be processed rapidly: his postal and telephone contact details, email address as well as the full name and address of 123 Mon École, a brief statement of the facts and proof of the prior steps taken with 123 Mon École.

 

14.5 All disputes resulting from the application of the General Conditions and/or arising from enrolment in the schooling provided within the School and in the Wednesday Workshops will be submitted exclusively to the competent French courts, even in the event of an appeal for guarantee or multiple defendants or an incidental claim.