Terms and conditions of the fleex services
The website http://fleex.tv/ (hereinafter referred to as the "Site") offers a benefit of providing a method of learning English drawn up from pre-existing materials, to which Fleex adds an educational content.
These terms and conditions are designed to set the terms and conditions of supply of services offered on the Website (hereinafter referred to as the " Services ") and to define the rights and obligations of the parties in this context.
Individuals using the services are hereinafter referred to as the "Users".
These terms and conditions are accessible and printable at any time via a direct link on the homepage of the website.
They may be supplemented, where appropriate, by specific conditions of use, which complement these terms and conditions and, in case of discrepancy, take precedence over the latter.
2. Provider of Site and Services, Contact
The Site and Services are operated by the Fleex company, a simplified joint-stock company with a capital of 5,395 euros, registered with the Trade and Companies Register in Nanterre under No. 752 922 849, whose headquarters is located in 5 rue Soyer - 92200 Neuilly-sur-Seine (hereinafter referred to as "Fleex").
Fleex may be contacted at the following:
Postal address: 5 rue Soyer – 92200 Neuilly-sur-Seine, FRANCE
Telephone : +33 (0)1 41 43 10 40
E-mail address: firstname.lastname@example.org
3. Access to the Site and Services
The Site and Services are available to any natural person with full legal capacity to engage under these terms. A natural person who does not have full legal capacity can not access the Site and Services except only with the consent of his legal representative.
Users are personally responsible for the implementation of computer technology and telecommunications to access the Site.
4. Acceptance of terms and conditions
The acceptance of these terms is indicated by a check box on the registration form. It may only be taken as full and complete. Any conditional subscription is considered null and void. Users who do not agree to be bound by these terms and conditions must not access the Site nor use the Services.
5. Registration for Services
To use the Services, the User must:
- either be registered with a third party site as indicated on the Site (eg, Google or Facebook). In this case where he uses his login credentials, Fleex can, if necessary, ask the user for permission to access certain data from that account. The User must also provide Fleex with the additional information that it may request.
- or complete the registration form available on the website.
In all cases, the user must provide Fleex all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically will open an account on behalf of the User (hereinafter referred to as the "Account"), giving him access to a personal area (hereinafter referred to as the "Personal Area") that allows him to manage his use of the Services in a format and according to the technical means that Fleex deems most appropriate to render such Services.
The User guarantees that all information he provides to Fleex are accurate, current and truthful, and are not vitiated by any misleading nature.
He undertakes to update this information through his Personal Space in case of changes, so that they always meet the above criteria.
The User is informed and accepts that the information entered for creative purposes or to update their Account are proof of his identity. The information entered by the User are undertaken upon validation.
The User can access his Personal Area at any time after identifying himself with a third party site, or his login ID and his password.
The User undertakes to personally use the Services and to not allow any third party to use them in his place or on his behalf, unless he bears full responsibility.
The User also undertakes to create only one account, Fleex reserving the right to remove any additional account created by the same User.
The User undertakes to ensure the maintenance of privacy for their username and password. Any operation performed with the ID and User password will be deemed to be made by him, the User remaining therefore solely responsible.
The User must immediately contact Fleex using the contact details provided in section 2 herein if he notices that his account was used without his knowledge. He acknowledges Fleex the right to take appropriate measures in such cases.
In case of forgetting or losing his password, the User can be assigned a new password to access his account by following the procedure as described on the Site.
6. Use of free or paid Services
Use of the Services by the Users is free during the period between registration and watching a total of 60 minutes of video as part of the Services (hereinafter referred to as the "Test Period"). The duration of the Test Period is assessed by adding the total viewing time and cannot be interpreted as a viewing for a period of 60 consecutive minutes.
During the Test Period , Users maintain at their own cost telecommunication charges when accessing the Internet and using the Site.
Once the Test Period has passed, the User is offered to purchase a subscription to continue enjoying the Services provided by the Website (hereinafter referred to as the "Subscription").
The application for this Subscription can be done at any time from the page set aside for this purpose on the Site.
The subscription is personal to the User and can not be assigned, transferred or used by a third party.
7. Description of Services
7.1 Terms and Conditions
Fleex provides all Users with a package of Services. These Services are offered free of charge during the Test Period. Once the Test Period has passed, access to Services requires the purchase of a Subscription.
Services require, for their implementation, that the User is connected to the internet.
Fleex reserves the right to offer any other service it deems appropriate, in a form and according to the features and technical means it deems most appropriate for rendering those Services.
7.2 Description of Services
During its entire Test Period, or if he has purchased a Subscription, the User has access to the following Services in the forms and the features and technical resources that Fleex deems most appropriate to render such Services.
7.2.1 Watching English language videos with appropriate subtitles
The Services enable the User to view English language videos with subtitles in English only, with alternating English subtitles / his own language, or simultaneously with English subtitles / his own language, depending on his level.
The User can change the proportion of French and English in subtitles bit by bit as he progresses.
The User has the choice of videos he wants to see:
Users can watch videos selected by Fleex (hereinafter referred to as the " Site Videos "). For this purpose Fleex makes available to the User a catalogue of English videos on the Site, classified by genre and / or theme.
Fleex reserves the right to modify at any time the catalogue of Site Videos and particularly to remove any video that would be reported as infringing the rights of third parties.
The User can also view his own videos (hereinafter referred to as the " Personal Videos "), provided that the corresponding files are stored on his computer. Personal Video formats that can be viewed in the context of Services are available at the following address: http://www.videolan.org/vlc/features.php?cat=video.
In order to view his Personal Videos, the User will install the Fleex player app (hereinafter referred to as the " Player ") on his computer. Once it is installed, the User can select, through a click and drag in the application window, the video he wants to watch.
These actions of the user trigger an automated search for subtitles available online. As such, the User acknowledges and agrees that Fleex does not guarantee the quality or adequacy of subtitles that could be listed for his Personal Videos, or that such subtitles will always be found. The responsibility of Fleex will in no circumstances be held liable in that capacity.
The User may also apply the Services for videos available via online services making provision for audiovisual content by subscription or on-demand video (hereinafter referred to as the " Videos on Demand ") which are listed on the Site, the User to be charged a subscription from the operators of these third party services.
To do this, the user must download and install an extension for his web browser that is available on the website and accessible by clicking on the icon designating this video on demand service.
Once the extension is downloaded and installed on the User's browser, the browser can connect to the account that will be opened with the operator of video-on-demand service and enable the said extension via the dedicated button on his browser.
The User acknowledges and agrees that Fleex does not guarantee the quality or adequacy of subtitles that may be listed for Videos on Demand, or that such subtitles will always be found. The responsibility of Fleex will in no circumstances be held liable in this capacity.
7.2.2 Vocabulary comprehension tool
At any time while watching a video, the User can click on a word or phrase contained in the subtitles to get information on them, including their translation, definition or even pronunciation.
The User also has a personal vocabulary list in which he can store words and phrases he has come across when watching various videos.
8. Duration of Services
8.1 Trial Period
Services are free for the entire duration of the Test Period.
The end of the Trial Period, when it is not followed by a subscription, results in the suspension of Services in accordance with Article 8.4.
Outside the Trial Period, the Services are subscribed under the Subscription referred to in Article 6, according to the following terms and conditions.
8.2.1 Monthly subscription
The monthly subscription starts on the day of subscription and runs until the corresponding date in the following month. For example, if the subscription is purchased on February 16, it will run until March 16.
The Subscription is then renewed automatically for successive periods of one month from date to date, unless terminated by Fleex or by the User before the end of the current Subscription Term.
Termination of the Subscription by the User is carried out through his Personal Space. The Subscription cancellation for the User is then effective at the end of the current Subscription Term.
Termination of the Subscription by Fleex is carried out by sending an email to the User and takes effect after the expiry of a notice period of 1 month.
8.2.2 Subscription for a period exceeding one month
As a departure from Article 8.2.1, Fleex may propose the User to take up a subscription for a period lasting more than one month (hereinafter referred to as the " Period ") for discounted rates, under the conditions provided in section 9.2 below. He is then committed for the entire duration of that period.
Fleex can, for example, offer subscription packages for a period of 6 or 12 months.
Subscriptions of greater than one month duration are underwritten in the conditions of duration, rate and renewal listed on the Site.
Le désabonnement de l’Utilisateur est effectif à la fin de l’Abonnement en cours.
8.2.3 Lifetime Subscription
As a departure from Article 8.2.1, Fleex may propose the User to take up a Lifetime Subscription (hereinafter referred to as "The Lifetime Membership") against the payment of a single lump sum.
The Lifetime Membership is valid for the entire duration of the User's life, or until the suspension of Services by Fleex.
Fleex reserves the right to terminate the offer for Lifetime Subscription. If applicable, the Lifetime Subscription underwritten prior to the suspension or cancellation of the offer will remain valid in the terms and conditions specified in these Terms and Conditions.
8.3 Amendment and Termination of Services by Fleex
8.3.1 At any time
Fleex reserves the right to modify or cease offering any of the Services at any time, at its own discretion.
The User will be informed of these changes and / or cessations by all appropriate means, with a notice of at least 1 month.
If Fleex were to completely cease offering the Services and that such Services were coming to an end as the User's subscription was still ongoing, Fleex would reimburse the cost to the User in proportion to the duration of any remaining Subscription.
A partial and temporary cessation of Services by Fleex would not result, automatically, in a refund at the price paid by the User.
In the particular case of the Lifetime Subscription, the Subscription period used to calculate the amount to be refunded is 6 months. If, for example, where Services were to be stopped when the subscription was taken out three months earlier, the User would be reimbursed half of the price paid for the purchase of the Subscription.
8.3.2 Termination at the expense of the User
In the case of non-compliance by the User of these terms and conditions, Fleex reserves the right to terminate access to their Services with immediate effect, by any means which Fleex deems necessary.
The cancellation takes effect automatically at the date of mailing, by Fleex, in writing to the User in accordance with this clause. Fleex may especially and correctly inform the User of this termination by email.
Termination at the expense of the User does not entitle the latter to a refund.
8.3.3 Termination for non-use of the Services
If a Registered User does not connect to the site with his username and password for a period of 12 consecutive months, Fleex will send an email to the User to remind him that there has been no connection and of the risk of cancellation in case of non-connection within a period of one month after sending the email. At the expiration of this period of one month, Fleex reserves the right to terminate the User's Subscription.
Termination for non-use of the Services does not entitle the User to any reimbursement.
8.4 Suspension of Services
Outside the Trial Period, non-payment of a subscription results in the suspension of services.
The suspension of Services does not delete the User's Account. The User continues to have access to their Personal Area, from which he may at any time take out a subscription to restore his access to Services.
8.5 Deleting the User Account at his own initiative
The User may request Fleex to delete their account at any time, at his own discretion. In the event where the User would have purchased a monthly subscription, deletion of User's Account will stop the Subscription.
Deleting the account is final and will delete all data relating to the Account that are held by Fleex. It frees the User from obligations related to the use of the Services.
Deleting the account, when requested by the User, does not entitle to any refund.
9. Financial conditions relating to Subscriptions
The price of the Subscription is that which appears on the Site at the date of purchase of the Subscription by the User.
Prices are quoted in Euros and inclusive of all French taxes, unless otherwise stated.
Any month or Subscription Period commenced is due in its entirety, the User cannot claim any refund of all or part of the price paid for the month or the current period, for whatever reason there may be.
Fleex reserves the right, at its own discretion and upon such terms, where it will be the sole judge for making promotional offers or price reductions.
In this context, it may especially include offering special rates for the purchase of Subscriptions for a period exceeding one month.
9.3 Payment terms
Financial transactions relating to the payment of the Subscription via the Site are entrusted to Braintree, the contractor to secure payment solutions on the Internet, which ensures smooth functioning and safety. Fleex is not involved in these services which are carried out under the sole responsibility of Braintree.
Payment for Services is carried out by direct debit from the User's bank card number.
The direct debit is implemented by Braintree, which retains only the bank details of the User for this purpose. In this regard, it is noted that Fleex keeps no bank details.
The User may also opt for a payment through the PayPal platform. Fleex does not get any more involved in payment transactions that can be performed on the PayPal platform under the sole responsibility of the User.
The use of the Paypal platform for payment implies registration of the User on the PayPal platform, and acceptance by the User of the terms and conditions of the use of PayPal.
If the User chooses a payment via a Paypal account, the payment is implemented by Paypal which only retains contact details for the User for this purpose. In such cases, Fleex does not further retain the User's bank details.
If necessary, the automatic debit of the cost of the Subscription is made on the day of its payment and on its due date at each renewal (hereinafter referred to as the "Payment Due Date") .
The User guarantees Fleex that he has permission to adjust the price of the Subscription in accordance with the provisions above. He undertakes to take the necessary measures so that the automatic debit of the cost of the Subscription can be made.
Fleex prepares bills on request of the User, addressed to Fleex using the contact details provided in section 2.
9.5 Payment problems
In case of incident during the implementation of the automatic direct debit referred to in Article 9.3, Fleex will conduct further collection attempts for a maximum period of thirty (30) days from the Payment Due Date. The User shall, within this period, take the necessary measures to ensure the implementation of the debit, or adjust the price of the Subscription by all appropriate means.
The User is informed and expressly accepts that any delay in payment of all or part of an amount remaining due of thirty (30) days after the Payment Due Date and despite implemented attempts to collect will, without formal prior notification, automatically result in:
- early repayment of all amounts due by the User and their immediate payment,
- the immediate suspension of Services until full payment of all due sums,
- billing in favour of Fleex of a delay interest, due by the sole fact of expiry of the contractual term, at the rate of one and a half (1.5 times) the legal interest rate, based on the amount of the unpaid debt on the due date.
10. Immediate implementation of Services - Absence of the right of withdrawal
The User is expressly informed and accepts that under the application of L.221-28, Article 1 of the Consumer Code, he does not have a right of withdrawal insofar as the services are provided and can be fully implemented before the expiry of the statutory period for withdrawal.
11. User Obligations
Without prejudice to other obligations hereunder, the User agrees to respect the following obligations:
The User agrees to respect at all times the present terms and conditions and the applicable laws and regulations, and does not infringe any third party rights or public order.
The User is solely responsible for his use of the Services. He is informed and agrees that these are intended solely for private use. Similarly, it is forbidden to broadcast all or part of the video that he is viewing or to which he has access as part of the Services, whether in its Videos Site or Personal Videos with educational content referred to in Article 1.
The User therefore undertakes to strictly personal use of the Services and not to use them in a collective framework of any nature whatsoever.
The User is solely responsible for the choice of videos that are viewed as part of the Services.
Regarding Personal Videos and Videos on Demand, the User agrees that these videos, as used by the User, are lawful, do not undermine public order, morality or third party rights, not violate any statutory or regulatory provision and, more generally, are by no means likely to jeopardize the civil or criminal liability of Fleex.
The User is thus not authorized to use in connection with the Services, particularly, but not limited to, videos that are infringing or detrimental to the image of third parties.
The User must back up the information accessible in the Personal Area that he wishes to retain. The User acknowledges and agrees that he may not seek responsibility by Fleex in the case of any loss of information.
The User is informed and agrees that the implementation of Services requires that he be connected to the internet and that the quality of viewing videos directly depends on this connection, for which he alone is responsible.
12. Prohibited conduct
Without prejudice to Article 11, it is strictly prohibited to use the Services for the following purposes:
- the exercise of illegal and fraudulent activity, or violate the rights or safety of third parties,
- the breach of public order or violation of laws and regulations,
- the intrusion into the computer system of a third party or any activity likely to harm, control, interfere or intercept all or part of the computer system of a third party by violating its integrity or security,
- the sending of junk mail,
- operations to improve the ranking of a third party site,
- aiding or inciting in any form and by any means whatsoever, to one or more of the above described acts and activities,
- and more generally any practice diverting Services for purposes other than those for which they were intended.
It is strictly prohibited for the User to copy and / or divert for his purposes or those of third parties the concept, technology or any other component of the Fleex website.
The following are also strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow or prevent the continuity of Services, (ii) any intrusions or attempted intrusions into Fleex systems, (iii) any misuse of Site system resources, (iv) any action likely to impose a disproportionate burden on the infrastructure of the latter, (v) any infringements of security and authentication measures, (vi) any acts likely to undermine the financial, commercial or moral rights and interests of Fleex or of its Users, and finally more generally (vii) any breach of these terms and conditions.
It is strictly forbidden to trade, sell or license all or part of access to Services or the Site, as well as information that is hosted and / or shared.
13. Penalties for failure to comply
In the event of a breach of any provision of these terms, or more generally, violation of laws and regulations by the User, Fleex reserves the right to:
- suspend all or part of the Services,
- terminate the User's access to Services in accordance with Article 8.3.2,
- take all appropriate measures and initiate any legal action,
- notify as appropriate the relevant authorities, cooperate with them and provide them with all relevant information in the search and suppression of illegal or illicit activities.
14. The User's Guarantee
The User guarantees Fleex against all claims, demands, actions and / or any claims that Fleex could suffer especially because of the breach by the User of any provision of these terms and conditions.
He agrees to compensate Fleex for any damages it would incur and pay all costs, charges and / or convictions they may incur thereby, including its advisory fees.
15. Disclaimer of Liability and Guarantee by Fleex
Fleex agrees to provide the Services with due diligence and in accordance with professional standards, it being specified that this weighs on it an obligation of means, to the exclusion of any obligation of result, which the User acknowledges and accepts specifically. Its liability is exclusively limited to the provision of Services as described herein, to the exclusion of any other benefit and does not extend to pre-existing materials used in connection with the Services, including videos and subtitles.
The User acknowledges that the Services, which constitute a standard method of learning, offer him an additional solution, not an alternative, to improve his English and that this solution does not replace other means at his disposal to further achieve the same goal. The User acknowledges and accepts, in this respect, that Fleex may not be held responsible for any failure of the improvement of his level of English, the User is solely responsible for his own learning and progress.
Fleex does not guarantee the User that the Services, subject to constant research to improve particular performance and progress, will be completely free of errors, faults or defects in particular regarding the faithful and accurate nature of the translations made available for subtitles, words and expressions that are provided for guidance only.
The User acknowledges and agrees that subtitles are by nature a compromise between a literal translation and an adaptation required by the constraints of the subtitling of audiovisual works. With all the more reason, Fleex can not guarantee the accuracy of a word for word translation.
Fleex cannot guarantee that the Services, being standard and by no means offered for the sole purpose of a particular User based on his own personal and material constraints, specifically meet their needs and expectations. Given the diversity of platforms, browsers and material resources available to the User who unilaterally chooses his means of access hardware and Internet software, Fleex does not guarantee the compatibility of Services with any equipment or platform.
Fleex is not responsible for the content of the videos used in connection with the Services.
Fleex disclaims any responsibility for any possible loss of data including information accessed from the User's Personal Space, the latter having to ensure that he saves a copy of the information he deems necessary and not being entitled to any compensation as such.
Fleex undertakes to conduct regular checks to ensure the functioning and accessibility of the Site. As such, Fleex reserves the right to temporarily interrupt access to the site for maintenance reasons. Similarly, Fleex will not be held responsible for any temporary difficulties or inabilities to access the Site that would have originated from circumstances that are external, force majeure, or that may be due to disruptions of telecommunications networks.
Fleex is not responsible for the availability of Videos on Demand, nor the duration of integrating the Services in the form of educational content referred to in Article 1 of these Terms and Conditions, and the platforms and applications of service operators of Video on Demand.
In any event, the liability likely to be incurred by Fleex hereunder is expressly limited solely to direct damages proven to be sustained by the User.
16. Intellectual Property
Systems, software, structures, infrastructures, databases and content of any kind (text, images, video, visuals, music, logos, trademarks, database, etc ...) operated by Fleex within the Site are protected by all intellectual property rights or rights of producers of existing databases. All disassembly, decompilation, decryption, extractions, reuses, copies and, more generally, any act of reproduction, distribution and use of any of these elements, in whole or part without permission of Fleex is strictly prohibited and may be subject to prosecution.
17. Personal Information
18. Bank Details
Information of a banking nature by Users related to their use of Services are also subject to automated processing of data under the responsibility of either the Braintree or Paypal companies, according to the choice made by the User at the time of payment. In any case, such information is not retained by Fleex.
Under the Data Protection Act of 6 January 1978, the User has the right to obtain communication and, if necessary, rectification or deletion of information concerning him, by sending a request to:
111 N Canal St
Chicago, IL 60606
PayPal (Europe) S.à.r.l. et Cie,
5ème étage 22-24 Boulevard Royal L-2449,
It is reminded that any person may, for legitimate reasons, oppose the processing of data concerning him.
Fleex reserves the right to insert on any page of the Site and in any communication to the User all advertisements or promotions in a form and under conditions which Fleex alone will judge.
20. Links and third-party sites
Fleex will in no way be held responsible for the technical availability of websites and mobile applications operated by third parties to which Users would gain access through the Site.
Fleex is not liable for transactions between a User and any advertiser or professional trader to which the User is guided by means of the Site and shall in no way be party to some potential litigation whatsoever with such third parties particularly for the delivery of products and / or services, guarantees, statements and any other obligations for which these latter are bound.
21. Amendments to Terms and Conditions
Fleex reserves the right to modify at any time these terms and conditions.
The User will be notified of this change one (1) month before the entry into force of the new Terms and Conditions, by any expedient way.
The modified terms and conditions apply to Services from their entry into force, Users who do not accept them shall thereupon discontinue their use of the Services.
The modified terms and conditions apply to all Subscriptions that renew after the entry into force, Users who do not accept them shall thereupon terminate their Subscription before said renewal.
Any User who uses the Services following the entry into force of the modified terms and conditions is deemed to have accepted them.
22. Language, applicable law and jurisdiction
The present terms and conditions are governed by French law.
In the event of a translation of these terms in a language other than French, the language of interpretation, in case of conflict or dispute about the meaning of a term or provision, shall be the French language .
If contested on the interpretation and / or execution of these terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge, unless there were breaches of specific procedural rules.
23. Entry into force
These Terms and Conditions came into effect on 5 September, 2016.