Allgemeine Geschäftsbedingungen
Präambel
WAVE ENGLISH, eine vereinfachte Aktiengesellschaft mit einem einzigen Aktionär, mit einem Aktienkapital von 10.000€, mit Sitz in 10 rue de la Paix, 75002 Paris, eingetragen im Pariser Handels- und Gesellschaftsregister unter der Nummer 988 380 598 (im Folgenden: die“Firma"), has designed and publishes a website accessible in particular under the domain name "http://www.wave-english.com" (hereinafter the "Site"), allowing its members to access private language coaching services as well as an English learning platform including innovative training in various formats.
The Publication Director is Andrew Bielski.
The Site is hosted by IONOS SARL, located at 7 place de la Gare, BP 70109, 57201 Sarreguemines Cedex, France (www.ionos.fr / email: confidentialite@ionos.fr).
Article 1 – Scope – Amendment of the General Terms
1.1 Scope
These general terms (hereinafter: the "General Terms") define the conditions for registering on and using the Site as well as the services offered therein. Each user accessing the Site, registering on it, and using it must have read and accepted them without reservation.
1.2 Acceptance of the General Terms
Accessing the Site entails full and unreserved acceptance by the user of the General Terms, which the user declares and acknowledges having read and expressly accepts by ticking the statement "By completing this sign-up process, I acknowledge that I have read and accepted the Wave English Terms & Conditions".
1.3 Amendment of the General Terms
The General Terms may change, the Company reserving the right to amend them at any time. The General Terms in force are those accessible on the Site under the "Terms & Conditions" section at the time of each connection of a user to the Site. The Company will inform users as soon as possible of any changes to the General Terms by inviting them, via a message on the Site, to consult the updated version of the General Terms.
Article 2 – Registration on the Site
2.1 Conditions
Use of the services offered on the Site is subject to registration, creation of an account, and prior identification.
As the Site is an English learning platform, any natural person (hereinafter referred to as a "Member") is authorised to register.
To enable registration on the Site and creation of an account, the Member undertakes to provide all the mandatory information concerning them required in the registration form. It is also necessary to complete a questionnaire on the Member's expectations regarding English learning in order to determine whether the Site is suited to their needs. Failing a response to the mandatory questions, the Member will not be able to validate the creation of their account and, consequently, use the Site and the services offered therein.
Each Member undertakes to communicate only information that is their own, accurate and up to date and that does not infringe the rights of third parties or conflict with public order and good morals.
The Company confirms the registration and creation of each Member's account by automatically sending a confirmation email to the email address provided in the registration form.
For registration purposes, the Company collects personal data concerning the Member(s). This collection and processing carried out by the Company to enable access to the Site and use of the services offered therein are performed in compliance with law no. 78-17 of 6 January 1978 "relating to data processing, files and freedoms" and Regulation (EU) 2016/679 of 27 April 2016, as specified in Article 5 below on confidentiality: each Member has the right to access, modify, rectify, object to, and delete their personal data. To exercise this right, they simply need to send a postal or electronic letter to the Company.
During their registration and at any time while using the Site, each Member undertakes to update the data and information concerning them. In this respect, they guarantee the truthfulness, accuracy and completeness of the information transmitted to the Company and will be solely responsible for any error, omission, failure or update.
The Company may ask each Member to confirm — by any means — the information provided, their identity and the authorisation/capacity they have to create an account in the context of their role within the legal entity to which they are attached. If the Member provides incorrect information or refuses to comply with the Company's requests for supporting documents, the Company may exclude the Member from the Site.
Once registered, Members will be able to access the services offered on the Site using a login (the email address provided at registration) and a password. The information communicated to the Company by each Member in the context of their registration is strictly confidential. The Member's login and password are personal and remain their sole responsibility. They are responsible for their safekeeping and for the risks of loss. For this reason, the Member must take all necessary precautions to ensure their confidentiality, security and correct use, in order to prevent them from being disclosed to unauthorized third parties. The Member is solely responsible for any use by any other person of their login and password and, in particular, for all operations carried out via their account. Consequently, any connection to the Site via an account and/or any transmission of data carried out using a Member's account will be presumed to have been carried out by the holder of said account and under their exclusive responsibility. In the event of fraudulent use of their password and/or login, the Member undertakes to inform the Company in writing as soon as possible.
2.2 Duration of registration
Registration on the Site is made for an indefinite duration. During their use of the Site and throughout this period, the Member undertakes to respect the principles and rules of good conduct of the Site, including respect, showing consideration, welcome and friendliness as well as moderation in their exchanges with other Members, as well as for all messages and comments posted on the Site.
2.3 Termination of registration
Each Member may terminate their registration on the Site at any time by email sent to the Company.
The termination will take effect at the end of the current subscription period, provided that the user has notified their request at least 24 hours before its expiry. The termination request shall not in any case entail reimbursement to the Member of the period remaining to run until the end of the subscription term.
For its part, the Company may also suspend and/or terminate the Member's registration on the Site at any time if the Member has provided false, inaccurate, outdated, incomplete information or in breach of the provisions of these Terms, subject to informing them by email and respecting a reasonable notice period, as set out in Article 4 below.
Article 3 – Services provided by the Company
The Company provides the following services on the Site (hereinafter: the "Service(s)"):
- Access to private language coaching services.
- An English learning platform including innovative training in the form of articles, quizzes, videos, etc.
Article 4 – Warranty – Liability
Each Member declares, acknowledges and guarantees that they will only use the Services and/or the Site in strict compliance with the applicable regulations and that they will not include in the Site any element contravening the laws and regulations in force.
The Company may at any time, upon notification sent to a Member by email, exclude said Member from the Site and terminate their registration and, where applicable, their subscription, subject to a ten (10) day notice period in the event of the Member's failure to comply with their obligations under these General Terms not remedied within this period and, in particular, in the event of non-compliant identification or personalisation data and/or inaccurate or out-of-date identification information and/or in the event of infringement of the rights of third parties and/or violation of applicable laws and regulations and/or contravention of good morals or public order.
It is specified that the Company will exclude the Member without notice in the event of a serious and irreparable breach by the latter, without prejudice to any damages to which the Company may be entitled on this basis.
For its part, and for the sole elements of the Site published directly by the Company, and in particular the Services provided therein, the Company undertakes throughout the duration of the Member's registration to comply with the rules of the profession and the regulations applicable to the Services, with a view to their proper completion.
As part of a best-efforts obligation, the Company makes the necessary efforts to enable uninterrupted access to the Site and Services by Members. However, the Company cannot guarantee the accessibility and permanent proper functioning of the Site and Services. It implements the measures necessary to ensure their availability. For technical reasons, a temporary interruption of the Site and/or Services is however possible. The Company will make every effort to best inform Members about the nature and duration of any interruptions but shall not incur any liability in the event of unavailability of the Site or any of the Services. The Company shall not be held liable if Members fail to access all or part of the Site and/or Services due to any technical defect or any problem including but not limited to: internet network congestion, failure of internet service providers, human or electrical error, any malicious intervention, any software or hardware malfunction and/or force majeure.
In addition, the Site may also allow Members to access, via hypertext links placed in the various sections, services published and provided by third-party partners (hereinafter referred to as the "Partner Services"). The Site may also contain clickable advertising elements (banners, buttons, etc.) redirecting Members to third-party sites and services.
The Partner Services as well as the advertising elements and third-party services to which they provide access are offered in full independence by the partners, advertisers or third-party publishers of its services, under their sole responsibility. Consequently, the Company cannot be held liable for the content of the Partner Services accessible via links on the Site, nor for all offers, information consulted or transactions carried out on these Partner Services; the publishers of the Partner Services alone being engaged in a contractual relationship with the Member.
Consequently, any Member accessing the Partner Services via the Site will be subject exclusively to the specific terms of use and/or sale of said Partner Services. The Company will not provide any service or guarantee regarding the Partner Services used by Members and/or regarding the aforementioned advertising elements. Consequently, the Company disclaims all liability in the event that the Partner Services, content and advertising provided by third parties contravene the legal and regulatory provisions in force.
However, the Company will make its best efforts to forward, as soon as possible, to the Partner Services and/or to the relevant third parties, any questions, claims by Members relating to these services. So that the Company can identify the subject of their request as well as the Partner Service concerned, Members will take care to attach precise information to their request.
Article 5 – Confidentiality
The Company collects and processes personal data concerning each Member to enable their registration on the Site, subscription subscription and/or use of the Services. No data is collected and processed by the Company without the prior consent of the Member concerned.
In accordance with law no. 78-17 of 6 January 1978 "relating to data processing, files and freedoms" and Regulation (EU) 2016/679 of 27 April 2016, the Company has declared to the CNIL the processing of Members' personal data. It informs them that they have the right to access, modify, rectify, object to, and delete their personal data.
To exercise this right, they simply need to send a postal or electronic letter to the Company.
Members are also informed that personal data concerning them may be necessary to benefit from certain Services available on the Site and that this information may be transmitted to any third-party technical service provider acting as a subcontractor of the Company to ensure the operation of the Site and the provision of said Services, each technical service provider refraining from using the data for its own account.
The Company may place a cookie on the Member's computer. A cookie does not allow the Company to identify the Member. However, it records information relating to their computer's navigation on the Site (pages of the Site and Services consulted, date and time of consultation, etc.) that the Company may read during subsequent visits.
For more information on cookies, Members are invited to consult the CNIL website at the following address: "http://www.cnil.fr" as well as the "Privacy policy" page of the Site.
In accordance with applicable regulations, the Company will retain and keep for the required duration the data allowing the identification of Members who have registered on the Site, those who have subscribed and those who have contributed to the creation of content and messages posted on the Site.
Notwithstanding the confidentiality commitments set out above, Members are informed and acknowledge that the Company may be required to communicate the data thus retained at the request of the judicial authority.
Article 6 – Intellectual property
All the elements of the Company's Site — in particular: its structure, the Services offered therein, their content, the information presented, illustrations, photographs, images, sounds and videos, their organisation, the databases and software tools implemented therein — are protected under copyright, trademark law and intellectual property rights.
The Company grants Members who access the Site a personal, non-exclusive right to use the Site and its content. Consequently, said Members undertake to respect the intellectual property rights relating to the Site and the elements composing it and, in particular, not to:
- reproduce, represent, modify, alter, redistribute without the prior authorisation of the Company, any element contained in or relating to the Site;
- divert or make commercial use of the Site and/or the services offered therein without first obtaining the express agreement of the Company;
- extract, reuse, store, reproduce, represent or retain, directly or indirectly, on any medium, by any means and in any form whatsoever, all or a qualitatively or quantitatively substantial part of the Site and to carry out repeated and systematic extraction or reuse of qualitatively and quantitatively non-substantial parts where such operations manifestly exceed the conditions of normal use of the Site.
Article 7 – Effects of these Terms
If any provision of these General Terms is declared void or unenforceable by a competent Court, it will be considered as not written and all other provisions of the General Terms will remain in full force unless its unenforceability significantly affects the balance of the General Terms.
The Company will replace the provision declared void or unenforceable with a valid and enforceable clause having, as far as possible, the same effect as that which the provision declared void or unenforceable should have had.
The fact that the Company does not avail itself of the benefit of a right or of a Member's breach of any of their obligations under these General Terms shall not be interpreted for the future as an abdication or waiver by the Company of the obligation in question.
The headings of the articles inserted in the General Terms are for reference only and will not affect the interpretation of the General Terms.
The relations between the Company and the Members are and will remain those of parties acting under the General Terms in complete independence. The General Terms cannot therefore in any way be considered as constituting or establishing a form of business, employment contract, economic interest grouping (GIE) or association between them.
Neither party has, under these General Terms, the power to bind the other party in any manner whatsoever, including for the signing of any contract, letter of intent, order or any written document or legal act beyond what is expressly stipulated in the General Terms, except at the express written request of the other party.
These General Terms are expressly subject to French law.
Any dispute relating to the use of the Site and Services by Members, relating to said General Terms, to their interpretation or to their execution, failing an amicable agreement reached following the occurrence of the dispute, shall be within the exclusive jurisdiction of the Courts of the Paris Court of Appeal, notwithstanding multiple defendants or third-party proceedings, even for protective proceedings, summary proceedings or by petition.
13 April 2026 — version 1.2