TERMS AND CONDITIONS

KAMPUS CONTRACT

GENERAL TERMS & CONDITIONS OF SALE (GTCS)

ARTICLE 1: General

Taking out a subscription or undertaking a lesson with Kampus implies complete acceptance of these general terms and conditions of sale and subscription.

Consequently, placing an order or attending a training session implies that the participant completely and unreservedly agrees with these GTCS, to the exclusion of all other documents such as prospectuses and catalogues, issued by Kampus which are purely indicative.

No special condition can override the GTCS other than by formal, written agreement from Kampus.

Any conflicting condition requested by the participant, unless expressly accepted in writing, shall therefore not be binding on Kampus, whatever the point at which it may have been brought to its attention.

The fact that Kampus does not take advantage of any one of these GTCS at a given moment cannot be interpreted as being equivalent to relinquishing the right to take advantage of any one of the said conditions later.

ARTICLE 2: Definitions

1- Kampus refers to any of the companies in the group supplying language-learning or related services and includes, but not exclusively, Kampusworld NC sarl and Kampus NZ Ltd.

2- Subscriber: A natural person or legal entity taking out a subscription to Kampus services. If a natural person he/she must be of age and be qualified to enter into such an agreement under the law of his/her country of residence. A subscriber can take out subscriptions for several users. If the subscriber is a legal entity, it undertakes to inform the employees who are to follow a training course about the general terms and conditions with which they must comply.

3- User: Any person using Kampus services. Students will require a user ID and password to access Kampus services.

4- Subscription:

Binding contract between the subscriber and Kampus regarding the use of training services (video conferencing, e-learning tools and exercises etc.). Subscriptions are for a fixed term, not renewed by tacit agreement. Subscription runs from the date when payment is received until the end date stipulated in the proposal.

The subscription application is recorded once the subscriber has registered correctly and paid for their subscription using the payment methods suggested. Once the payment has been received, the subscriber and/or user(s) receive an email confirming the subscription, the date of commencement of the contract, the logins and passwords. The passwords are personal and confidential, and their owners undertake not to divulge them. It is possible to change log-on information and details at a later stage.

5- Lesson management, breaking off and postponing lessons

Kampus reserves the right to move or reschedule lessons at its total discretion. 

Kampus undertakes to make every possible effort to ensure the user is monitored by the same teacher, however it cannot, under any circumstances, guarantee that the user will have the same teacher throughout a course of lessons.

In the event of a teacher deciding to postpone a lesson because he encounters technical difficulties or any other type of problem, the user will be notified by an email sent to their usual address and the lesson will be rescheduled by the teacher. The user will not incur any costs for the cancelling of the initial lesson.  

If, for technical reasons or for any other reason, the user asks for a lesson to be postponed less than 24 hours before the scheduled start time for the lesson, then the user will be charged for the lesson as normal.

Kampus cannot, under any circumstances, be held responsible for problems with the Internet connection or non-availability of the server hosting the Kampus interface for any reason whatsoever or for any actual or alleged damage to the user’s computer hardware, ancillary equipment or software, whether physical or virtual and whether or not in connection with use of the Kampus interface.

If a user is on holiday, ill or absent for any other reason, he may ask his teacher to record the lesson (if it is a group lesson) in order to look at it later. Kampus cannot be held responsible if it was not possible to record the lesson for whatever reason.

6- Lesson validity: Lessons must be taken within 12 months of subscribing, after which time, and without specific agreement to the contrary in writing from Kampus, all remaining untaught lessons will be forfeit without any refund or other form of compensation being due.

7- Technical support

Whenever possible, Kampus will provide technical support to users. If a call-out is requested, and is feasible, this will then be charged at the current rate. It is recommended that the user comply with any instructions supplied for using the Kampus interface, configuring the computer or any other instruction clearly given to the user in order to avoid any problems.

8- Teaching standards

Kampus takes every possible precaution when selecting and training its teachers to ensure the highest standard of teaching but cannot, under any circumstances, be held responsible in the unlikely event of the teacher, through his/her behaviour, failing in that respect during lessons.

9- Equipment needed to use the services:

The user must have at their disposal a multimedia computer/tablet /smartphone with a configuration that complies with the requirements outlined by the interface supplier.

For video conferencing, he must also have at his disposal a headset and a webcam (optional). Any user who does not have the required equipment may be excluded from the video conference without any compensation due from Kampus. In the case of a private lesson, in the event of a lack of equipment or malfunctioning of this equipment, the lesson will be cancelled without any compensation due from Kampus. The costs associated with acquiring the equipment (computer, internet connection, webcam, headset etc.) are the sole responsibility of the user.

10-Video conferencing:

Before taking part in the session, the user will make sure they have the required equipment (see article 9 above). He will go online 5 minutes before the start of the lesson. Any user absence associated with a lack of appropriate equipment will not result in any reimbursement or rescheduling.

In the case of group lessons and in the event of a technical problem during the session for one of the users, the session will not be rescheduled.  A session can only be rescheduled in the event of a technical problem associated with the teacher’s failure to get a connection or the total absence of the teacher.

During a group lesson a participant undertakes to show respect for all other participants as well as to follow the teacher’s instructions.

11- General behaviour

The lessons given by Kampus are professional and sensible. Polite, respectful behaviour is expected of users in the class. Any abusive contact or unprofessional behaviour towards the teacher or other students will not be tolerated.  Any failure to comply with this requirement will result in the contract being terminated without any reimbursement or compensation being paid to the user or subscriber. Kampus is the sole judge in this matter. Any action that Kampus might decide to take if such a situation should occur will not prevent the teacher from personally taking any other action that he deems appropriate during the lesson.

In the unlikely event of the user wishing to change teacher, this change is solely at the discretion of Kampus after it has been apprised of the reasons for such a request made by the user.

ARTICLE 3: Invoicing

The user must pay Kampus the sum shown in the invoice or on the Kampus website as well as any additional amount relating to course materials if detailed in the invoice.

Payment shall be made before the start of the course or on normal terms and conditions of trade as identified in the invoice or on the Kampus website.

In the event of the user being unable to attend a lesson, he must notify the teacher of this by email and send a copy to the Kampus offices at learn@kampusworld.com at least 24 hours before the scheduled start time for the lesson. If not, the user will be invoiced for the lesson.  The final decision on this matter rests with Kampus.

If the user encounters a last minute technical problem that results in the lesson being postponed by the teacher and if this problem is a result of the fact that the user failed to respect the instructions provided, then the session can, at the discretion of Kampus, be charged to the user.

ARTICLE 4: Cancellation

The user can cancel his contract by giving one calendar month’s notice, sent by email to the following address:  learn@kampusworld.net. Kampus reserves the absolute right to decide whether or not to provide reimbursement for outstanding lessons.

ARTICLE 6: User’s obligation

The user shall refrain from:

- Disseminating the site content by any means whatsoever;

- Downloading it, other than in cases authorised by Kampus and, more generally, from recording and reproducing it on any type of medium whatsoever, by any process whatsoever, with the sole exception of a paper printout in accordance with the limitations set out below;

- More generally, from exploiting and/or using all or part of the educational components by any means whatsoever and in any form whatsoever, for purposes other than those that have been expressly authorised in writing.

In the case of a paper printout, the internet user guarantees that any mention of rights protection that may possibly appear in the contents that are thus printed out will be reproduced without any changes. These copies can only be used by the sole user for his own individual purposes for his private use, and cannot in any circumstances be issued to third parties.

Any use of the site content or of any one of its elements, contrary to these terms and conditions, will render the user liable notably with regard to Kampus, and will be likely to lay him open to penal sanctions.

Furthermore, if the internet user should violate one of these terms and conditions, Kampus will be legally entitled to suspend access to the site services automatically and without notice and/or to cancel the user’s subscription and shall keep any sum paid by the latter.  Furthermore, any sum that may be due will become payable immediately, without prejudice to any right to possible additional damages.

ARTICLE 7: Liability disclaimer

Kampus does its utmost to ensure there is access to its interface for the lessons. It reserves the right to correct or modify it at any point and without warning.

However, Kampus cannot guarantee the accuracy of the information made available on this interface. Consequently, Kampus disclaims any liability:

- for any interruption to access, or bugs or any other occurrence rendering the interface unfit for use;

- for any inaccuracy or omission relating to the information provided through the interface;

- and more generally, for any direct or indirect damage, whatever its cause or nature, arising from consultation and use of the interface.

In addition, Kampus is eager to point out that:

-The examples used in lessons do not constitute rules but are intended as an educational illustration of one or more rules.

- Downloading operations can lead to the disappearance of a block of characters, thus deleting an essential piece of information.

- It is not responsible for the contents of internet sites that users may view.

The internet user shall consequently refrain from making any claim for compensation of any sort from Kampus and from taking action for any other purposes with regard to it, in the event of a failure to achieve the objectives expected when taking out the subscription.

ARTICLE 8: Force majeure

Neither of the two parties can be held liable with regard to the other party for a failure to execute or for delays in executing an obligation in this contract that might be due to the action of the other party in the event of force majeure, as usually recognised by French law.

ARTICLE 9: Personal data protection

In accordance with Law n° 78-17 of 6th January 1978, the subscriber is entitled to access and correct his personal data at any time by writing to Kampus at learn@kampusworld.net

ARTICLE 10: Changes

The present terms and conditions of use may be subject to amendment in accordance with a possible change to Kampus services. Therefore, users are invited to consult these terms and conditions of use. Continued usage of Kampus services following a possible change to present terms and conditions of use amounts to acceptance of them.

ARTICLE 11: Contact details

Any notification and other correspondence must be sent to the following address: Kampus at learn@kampusworld.net

ARTICLE 12: Governing law

The internet user’s subscription and these general terms and conditions will be governed by French law.  Any dispute regarding the interpretation, validity and/or execution of these terms and conditions will be covered solely by the jurisdiction of France.

ARTICLE 13: Acceptance

By clicking in the box “I have read and agree to Kampusworld’s Terms & Conditions” to be found on the web site www.kampusworld.net you declare that you have taken note of the clauses in this contract and that you undertake to comply with its terms and conditions.

N.B. The above document is a translation of the French original, which, in the event of disagreement, shall be the definitive document to establish the intentions and commitments of the parties involved. This English version is solely for information purposes.