GTU – Preamble
These GTU define the terms and conditions for making online services available from the website www.arabiknow.com to all users.
Evidence - Applicable Law
Jurisdiction These GTU are governed and interpreted in accordance with French law. The language used in these GTU is French. In the event of a dispute with professionals and/or merchants, the Paris (France) courts will have jurisdiction. In the event of a dispute with a consumer, the French courts will have jurisdiction. In accordance with article L. 141-5 of the Consumer Code, the consumer may choose to bring proceedings before, in addition to the territorially competent courts under the Code of Civil Procedure, the court of the place where they resided at the time of the conclusion of the contract or the occurrence of the harmful event.
Definitions
"GTU" refers to the terms of use of the online services offered by Arabiknow. "Online services" refers to the services, free or paid, offered by Arabiknow on its website. A "tracker" is a technical process enabling the publisher of a website or mobile application (or its subcontractor acting exclusively on its behalf) to read or write information on a user's device. The user refers to any natural person, of legal age or minor, who accesses Arabiknow's online services for personal use.
Access to Arabiknow's online services
Online services are freely accessible to any user with an Internet connection or telecommunications network. All costs related to accessing Arabiknow's online services, including hardware, software, Internet or telecommunications network access costs, are exclusively borne by the user. The user is responsible for the proper functioning and security of the software and data on their device.
Arabiknow reserves the right to refuse access, without notice, to all or part of the online services to any user who does not comply with these GTU.
Arabiknow implements reasonable means to provide each user with quality access to the online services, but is subject to no obligation in this regard.
Arabiknow accepts no liability for any malfunction of the user's Internet or telecommunications network, nor for any event beyond its control that may prevent or disrupt access to the online services.
Arabiknow reserves the right to interrupt, temporarily suspend or modify access to all or part of the online services, without notice, to carry out maintenance of its website or for any other reason. Such interruption entails no obligation or compensation in favour of the user.
Duration and termination
The GTU remain in force indefinitely from the user's first use of the online services (first connection to the Arabiknow website). The contract concluded under the GTU between the user and Arabiknow may be terminated at any time by the user or Arabiknow, subject to reasonable notice.
If the user remains inactive for one year (without accessing the online services at all), Arabiknow reserves the right to terminate the concluded contract. The user's content will be processed in accordance with the article on personal data protection in the GTU.
GTU Updates
Arabiknow has the right to modify the GTU as well as the list and/or features of the online services at any time.
In the event of GTU modification, Arabiknow undertakes to inform the user upon their first connection to the Arabiknow website after the new version of the GTU comes into force. Arabiknow also reserves the right to request the user's consent regarding the new version of the GTU. It is important to note that if the user refuses to accept the new GTU, Arabiknow may decide to discontinue the online services for that user.
User Obligations
The user undertakes to comply with the terms of the GTU and to use the services in accordance with the regulations in force in France.
It is the user's responsibility to verify the technical compatibility of their device with the online services, which Arabiknow cannot guarantee.
The user undertakes to use the online services peacefully and for personal purposes. It is their responsibility to take all necessary measures to protect the security of their device and the information contained therein.
While using the online services, the user undertakes not to voluntarily transmit digital data or software likely to compromise the proper functioning, availability, resilience and overall security of Arabiknow's information system. Failure to comply with this commitment may result in immediate suspension of access to the online services and civil and/or criminal proceedings pursuant to articles 323-1 to 323-3 of the French Penal Code.
Consequently, the user undertakes to indemnify Arabiknow against any direct or indirect harmful consequences arising from the non-compliant use of Arabiknow's online services, whether intentional or not.
GTU – Intellectual Property
The content of the website, including its textual, photographic, illustrative, visual content, logos, etc., is protected by applicable law in France and internationally. Arabiknow holds all exclusive intellectual property rights over the website and its content.
Any reproduction or distribution not authorised by a user, for whatever reason, without the prior written consent of Arabiknow, constitutes infringement liable to civil and/or criminal penalties, in particular under articles L.335-2 and L.343-1 of the French Intellectual Property Code.
Certain content of the online services is subject to a "Creative Commons" licence, which allows the user to reproduce, distribute or modify it without requesting authorisation from Arabiknow. It is the user's responsibility to comply with the terms of the licence applicable to the content concerned.
The registered trademark "Arabiknow" is the property of Arabiknow. Any unauthorised reproduction of its trademark, logos and distinctive signs constitutes infringement liable to civil and/or criminal penalties, pursuant to article L.716-1 of the French Intellectual Property Code.
Personal Data Protection
This article supplements the GTU and addresses the personal data protection policy.
The personal data processing carried out by Arabiknow strictly complies with law no. 78-17 of 6 January 1978, known as the "Data Protection Act", as amended by the European Union's General Data Protection Regulation (GDPR).
Arabiknow processes each user's personal data solely for the purpose of providing the online services ("processing necessary for the performance of a contract" under article 5, 2° of the "Data Protection Act").
Furthermore, Arabiknow processes each user's personal data when such processing is "necessary to comply with a legal obligation" (article 5, 3° of the "Data Protection Act") to which Arabiknow is subject, or when it is "necessary for the legitimate interests" related to the security of Arabiknow's information systems (article 5, 6° of the "Data Protection Act").
Each user is responsible for keeping their personal data up to date by accessing their Member Space and rectifying it if necessary.
Each user has the right to access their personal data processed by Arabiknow by sending an email to contact@arabiknow.com.
Arabiknow retains each user's personal data for the entire duration of use of the online services, as well as one (1) year after their last recorded connection on Arabiknow's servers. Beyond one year of inactivity, personal data (including trackers) will be permanently deleted from Arabiknow's databases.
The user's personal data is retained by Arabiknow for the entire duration of the concluded contract, as well as during any legal proceedings that may arise from a breach of the relevant online service.
The user has the right to request portability of their user content in accordance with article 20 of the GDPR and article 55 of the "Data Protection Act", by sending an email to contact@arabiknow.com.
Arabiknow reserves the right to use each user's contact data to offer other Arabiknow or partner services. Any use of a user's personal data by Arabiknow will be accompanied by a systematic reminder of the right to object, with the offer of a free and immediate unsubscribe/opt-out link. Furthermore, Arabiknow undertakes to pass on the user's refusal to each of its partners and to no longer use the personal data for that purpose.
If Arabiknow transmits certain personal data of a user to its partners for commercial prospecting purposes, Arabiknow undertakes to contractually remind them that they must also systematically remind recipients of the origin of the data and the right to object to any use of personal data for prospecting purposes.
Right to Contact the CNIL
If Arabiknow fails to respond within thirty (30) days to any legitimate request regarding personal data protection, each user has the right to contact the CNIL.
GTU – Limitation of Liability
Arabiknow's online services are information and Arabic language learning services intended for all ages and professionals, of which Arabiknow is the publisher within the meaning of the Law on Confidence in the Digital Economy of 24 June 2004.
Arabiknow's online services disseminate information from sources considered reliable. However, Arabiknow cannot guarantee the accuracy or relevance of this information, as it is not the producer thereof. This information is provided for informational purposes only and must be used or retained with discernment. It must not under any circumstances be considered as advice or recommendations of any kind.
Consequently, the use of information available via Arabiknow's online services cannot give rise to any liability on the part of Arabiknow, for whatever reason.
Arabiknow accepts no liability for any damages and/or harm, direct or indirect, material or immaterial, of any kind, resulting from the unavailability of the Service or any use of the online services provided free of charge by Arabiknow.
Security of the User's Device and Arabiknow's Information System
Arabiknow undertakes to take all necessary measures to ensure the security and confidentiality of data transmitted, processed or stored by Arabiknow and its subcontractors. Arabiknow does everything in its power to prevent the presence of malicious software in the online services that could collect data without the user's knowledge, damage, delete or render the user's data unavailable.
To this end, Arabiknow has implemented a strict policy and internal organisational measures to manage access to and processing of user data by its employees and those of its service providers. This ensures that only Arabiknow and its authorised employees can access users' personal data.
Arabiknow wishes to point out that the internet, which enables users to benefit from online services, is an open and informal network, constituted by the interconnection of independent computer networks on an international scale, using the TCP/IP technical protocol. There is no obligation to provide or guarantee quality of service between operators of these networks. Consequently, Arabiknow cannot guarantee:
- The availability of online services taking into account the functioning of the internet.
- That the use of online services will be uninterrupted or secure.
If Arabiknow is informed of a breach of user data, it will notify the CNIL within seventy-two (72) hours.
In the event of a data breach presenting a "high risk" to the rights and freedoms of users, Arabiknow will inform each user by all means at its disposal, in particular by email, providing details of the extent of the data breach and the measures taken to mitigate its effects.
Hyperlinks and cookies
Arabiknow's online services offer non-commercial HTTP links solely to facilitate your web searches. Arabiknow therefore accepts no liability for the content of websites accessed via these HTTP links (in accordance with the CJEU "GS Media" ruling of 8 September 2016).
If you identify a defective HTTP link (dead link, inappropriate redirect or one contrary to public order or morality, etc.), please report it to contact@arabiknow.com. Arabiknow will promptly correct this HTTP link (without retaining your email address for any purpose).
When browsing the site, cookies may be installed on the user's computer. A cookie is a small file that does not allow the identification of the user, but records information relating to a computer's browsing on a site. The data thus obtained aims to facilitate subsequent browsing on the site and also enables various audience measurements.
Refusing to install a cookie may result in the inability to access certain services. However, the user can configure their computer to refuse the installation of cookies.
If you use the Internet Explorer™ browser
- In Internet Explorer, click the 'Tools' button, then click 'Internet Options'.
- On the General tab, under 'Browsing history', click 'Settings'.
- Click the 'View files' button.
- Click the 'Name' column header to sort all files alphabetically, then browse the list until you see files beginning with the 'Cookie' prefix. (All cookies have this prefix and usually contain the name of the website that created the cookie).
- Select the relevant cookie(s) and delete them.
- Close the window containing the list of files, then click OK twice to return to Internet Explorer.
If you use the Firefox™ browser
- Go to the browser's 'Tools' tab then select the 'Options' menu.
- In the window that appears, choose 'Privacy' and click 'Show cookies'.
- Locate the relevant files, select them and delete them.
If you use the Safari™ browser
- In your browser, choose the 'Edit > Preferences' menu.
- Click 'Security'.
- Click 'Show cookies'.
- Select the relevant cookies and click 'Delete' or 'Delete all'.
- After deleting the cookies, click 'Done'.
If you use the Google Chrome™ browser
- Click the 'Tools' menu icon.
- Select 'Options'.
- Click the 'Advanced options' tab and go to the 'Privacy' section.
- Click the 'Show cookies' button.
- Locate the relevant files, select them and delete them.
- Click 'Close' to return to your browser.
Force majeure
Arabiknow's liability cannot be invoked in cases of force majeure or circumstances beyond its control.