TERMS AND CONDITIONS OF USE OF THE ABROAD EXCHANGE WEBSITE
These terms and conditions aim to cover all the conditions of accessing and using the Abroad
Exchange website.
The Abroad Exchange team reserves the right to cancel the account of members who fail to comply
with the website rules in terms of appropriate conduct and general respect for others.
Identity
The website www.abroadexchange.com is run by Abroad Exchange, a simplified joint-stock
corporation (French SAS) with capital of €1,000, registered with the Paris Trade Registry, in France.
The Abroad Exchange website was developed by the company Multimed Solutions, located in Balma
(France) www.multimed-solutions.com
Definition and purpose of the Abroad Exchange website
Abroad Exchange is a contact service for families wishing to organise, between themselves, foreign
language trips for their children as part of an international exchange.
“Member” means any individual having signed up for the Abroad Exchange service by means of a
unique email address, having completed the registration and presentation forms and having
approved the general terms and conditions of the Abroad Exchange website.
By becoming a “member”, you access a database of contacts completed by other members, so you
can communicate with them and thus facilitate a language exchange.
“Service(s)” means all services, whether for a fee or free of charge, made available to Abroad
Exchange members.
If you intend to use the Abroad Exchange website for purposes other than those specified above, we
suggest you cease the registration process.
The equipment (computer, software, telecommunications means, etc.) used to access the services
are exclusively payable by the member, as well as all telecommunications costs incurred to use them.
To become a member of Abroad Exchange, you must be at least 18 and complete all compulsory
fields on the registration forms.
The member represents and warrants that it he or she entitled, has authority and capacity to register
on the Abroad Exchange website and that he or she undertakes to comply with the terms and
conditions.
The member warrants that the data disclosed is true and reflects reality. He or she agrees to
promptly inform Abroad Exchange in the event of any change to the data provided when registering
and, as applicable, to make any changes in their personal section on the Abroad Exchange website.
When the conditions of registration are met, each member has one or more login(s) and one or more
password(s), depending on the different services for which they have registered. Logins and
passwords are strictly personal and confidential and must not be disclosed to or shared with any
third parties.
Except in the event of any wrongdoing by Abroad Exchange or any technical failure of the Abroad
Exchange website, the member shall be responsible for any third party use of this ID information and
for any action or declarations made via their personal member account, whether or not fraudulent,
and indemnifies Abroad Exchange against any claim in this respect. Abroad Exchange is not under
any obligation and does not have the technical means required to verify the identity of registered
individuals. If any member has reason to believe that an individual is using their ID information or
account, he or she must inform Abroad Exchange immediately.
Members’ Charter
By registering, you implicitly represent that you accept and comply with the rules of conduct below.
In the event of any breach of this charter, Abroad Exchange may terminate your subscription and
permanently delete your account.
As a member, I undertake:
- to receive my child’s exchange friend in optimal conditions and as I described in my profile
- to communicate politely and respectfully with other members
- to inform Abroad Exchange, by email, of any improper or forbidden behaviour by any
members
- not to give any false or deceptive information to other members under penalty of
prosecution
- not to use the Abroad Exchange website for unlawful purposes or purposes prohibited by law
- not to use the Abroad Exchange website to include advertisements relating to any exchange
whatsoever other than a language exchange, in accordance with the terms of this website
- not to use the content of the Abroad Exchange Website for any commercial canvassing or
other commercial use
- not to disclose any personal information or information of any nature outside the Abroad
Exchange website
- not to disclose my login and password to anybody, including members of the Abroad
Exchange website.
Right to withdraw
In accordance with Article L 121-20 of the French Consumer Code, the member is informed that he or
she has seven clear days after subscribing to the service in which to exercise the right to withdraw,
without giving any reason or incurring any penalty. However, in accordance with Article L 121-20-2,
1° of the French Consumer Code, the right to withdraw can no longer be exercised once the member
has accessed the services in question.
Website terms of use
The member undertakes to respect the Abroad Exchange website, its content and its services in
compliance with the law and these terms and conditions.
The member also undertakes to act honestly in relation to Abroad Exchange and to the other
members and to comply with the intellectual property rights attached to the content provided both
by Abroad Exchange and other members.
The member further undertakes not to destroy, alter, disable or corrupt the data, programs or
documents available on the Abroad Exchange website or to hinder its satisfactory operation by any
other action.
The member authorises Abroad Exchange to reproduce or distribute via Internet and emails all the
photographs included in their “member” profile.
The member authorizes Abroad Exchange to communicate its personal information to other
members via the Abroad Exchange website.
Privacy and member data protection / confidentiality
In accordance with French Law No. 78-17 of 6 January 1978 relative to data protection and
civil liberties, and the decision of the CNIL (Commission Nationale Informatique et Liberté –
National Commission for data protection and civil liberties) of 10 July 2006 removing the
obligation to register a website and replacing it with the procedure for reporting information
processing linked to said website, the Abroad Exchange members/prospects file has been
declared to the CNIL by Abroad Exchange.
Members who have provided personal information through the Abroad Exchange website
are therefore entitled, in accordance with the Law of 6 January 1978, to access their personal
data and to rectify, correct or delete it. To exercise this right, they must simply send an email
using the contact form on the website.
Members’ personal data collected using forms, and any future information, shall be used
exclusively by Abroad Exchange in order to implement the services provided to members,
and shall not be disclosed or transferred to any third parties other than:
- members registered on the Abroad Exchange website
- any technical contractors responsible for managing the Abroad Exchange services, who
are required to respect the confidentiality of information and use it solely for the specific
operation with which they are tasked.
Abroad Exchange undertakes to keep the personal data collected strictly confidential, except
as specified in the previous paragraph.
The rights and guarantees of Abroad Exchange members particularly comply with the Data
protection and civil liberties Law No. 78-17 of 6 January 1978 amended by Law 2004-801 of 6
August 2004 transposing into French law the European Directive 95/46/EC of 24 October
1995 on the protection of individuals with regard to the processing of personal data and on
the free movement of such data within the European Union and the law on “Confidence in
the digital economy” No. 2004-575 of 21 June 2004 (Article L. 33-4 to 1 of the French Code of
Post and Telecommunications and Article L. 121-20-5 of the French Consumer Code)
transposing into French law the Directive 2000/31/EC of 8 June 2000 on electronic
commerce and the Directive 2002/58/EC of 12 July 2002 concerning the processing of
personal data and the protection of privacy in the electronic communications sector.
Data collected on the Abroad Exchange website allows users to create a personal profile in
order to proceed with their language exchange with other members, and to send and receive
emails from other members. Member data shall also be used to consolidate and customize
Abroad Exchange’s communication with members, particularly by sending information about
the operation of the website, special offers or other topics relating to the Abroad Exchange
website.
By completing this form, the member agrees to be contacted by Abroad Exchange, via email
or any other means of communication.
Compulsory fields to be completed on the registration form for the proper operation of the
Abroad Exchange website are marked with an asterisk (*). Completing all other fields is
optional.
The member must ensure that all information provided is accurate and up-to-date. He or she
is solely responsible for any damages that may be caused to Abroad Exchange or third
parties, as a result of entering incorrect data.
When completing the form with its personal data, the member must have read and accepted
the terms and conditions of the Abroad Exchange website and agrees to Abroad Exchange
processing its personal data, including photographs included in its profile, for the services
provided by the website.
Liability
Access to Abroad Exchange's website is unrestricted and granted in a continuous and permanent
manner, except in cases of force majeure or events beyond the control of Abroad Exchange, and
subject to any failures and technical maintenance and upgrading operations necessary for the
satisfactory operation of the website.
To ensure quality services, Abroad Exchange also reserves periods for maintenance, upgrade or
technical operations which may cause an interruption in access to the website.
Moreover, due to the very nature of the Internet, Abroad Exchange cannot guarantee that the
website will function 24/7.
Abroad Exchange strives to provide users with a website containing as reliable and good-quality
information as possible.
However, the content available on the website as well as the members’ offers are based mainly on
contributions made by the members in question.
You are therefore solely responsible for the content and information you post on the Abroad
Exchange website and send to other members.
Abroad Exchange is not responsible for any defamatory, obscene or racist remarks that some
members may make or for any legal action that could be taken against you.
You hereby agree to take reasonable precautions in all interaction with other members of the
service.
Upon confirmation of his or her registration, the member shall have access to their online account
and offers using their login and password, and therefore no refund for any reason whatsoever shall
be possible.
Abroad Exchange does not warrant that members will find an exchange via its website and shall not
grant any refund.
Abroad Exchange simply provides information for the purpose of language exchanges but does not
guarantee in any way the identity of members and families, or their description. Abroad Exchange
cannot be held liable for (and for the consequences of) the accuracy or inaccuracy of information and
content provided by other members, visitors to the website and/or the member itself. Therefore, we
recommend that each member make sure that the information is true. In addition, Abroad Exchange
is under no circumstances liable for exchanges between members or for any disputes that may occur
during and after such exchanges. The exchange partners themselves are solely liable therefor.
Abroad Exchange shall not be held liable for any direct or consequential loss sustained by users or
third parties as a result of the information provided on this website, and more generally, as a result
of consulting and using the website.
Abroad Exchange does not monitor the websites linked to its website via hyperlinks, including those
of referenced Advertisers, and assumes no liability for these websites or the content of the same.
Intellectual Property
All data of any nature whatsoever, including but not limited to texts, questionnaires, graphics, logos,
icons, images, audio or video clips, trademarks and software, featured on the Abroad Exchange
website is necessarily protected by copyright, trademark rights and other intellectual property rights,
and belongs to Abroad Exchange or third parties having authorized Abroad Exchange to use it.
Abroad Exchange grants user a non-exclusive right to use such content in a private, non-collective
manner.
The user undertakes to use the Services of Abroad Exchange fairly and honestly, in accordance with
their intended use, to meet his or her own needs, and undertakes not to trade them with third
parties.
The user thus undertakes not to reproduce, summarize, change, alter or rebroadcast any content of
the website, without the prior express consent of Abroad Exchange, under penalty of being held
liable under civil or penal law.
The user agrees not to detract in any way from the Abroad Exchange brand, and not to use it in any
way without the consent of Abroad Exchange.
Any creation of a hyperlink from a website to the website must first be expressly approved by
Abroad Exchange.
Terms of Payment
Using the Abroad Exchange paid service implies that the member has an annual subscription.
Members can take out an annual subscription by bank card on the Abroad Exchange website, via the
Paypal system.
Term and termination
The member's registration to Abroad Exchange is made for a term of one year from the subscription
payment date.
Each member may terminate his or her registration to Abroad Exchange by requesting the closure of
its account at any time from Abroad Exchange, at no cost other than those incurred to send the
request and without the need to give any reason therefor.
This request shall not entail any repayment to the member of the remaining term to expiry of the
subscription, as Abroad Exchange does not grant any refund, credit or compensation of any nature
whatsoever in the event that the "member" ceases using the Services during the subscription.
At the end of a subscription period, any "member" wishing to continue using the Services of Abroad
Exchange must renew their subscription by paying the corresponding price.
Failing any subscription renewal, the member’s profile and offers shall be automatically removed
from the databases and shall no longer be visible on the Abroad Exchange website. However, all
comments entered by a member prior to unsubscribing from the website shall be kept by Abroad
Exchange.
Following the recommendations of the CNIL, Abroad Exchange does not keep data and information
about the "member" beyond a period of 30 days from the expiry of their subscription to Abroad
Exchange.
Therefore, if the inactivity period of the member’s account exceeds a period of 30 days, the
"member" shall no longer have access to their account and to the data and information contained
therein.
Abroad Exchange reserves the right to terminate temporarily or permanently, without notice or
compensation, or refund, the subscription of the "member" in the event of non-compliance with the
terms and conditions.
Governing Law
These terms and conditions are governed, construed and enforced in accordance with the laws of
France, the interpretation language being French in the event of a dispute arising out of or in
connection with the meaning of a word or provision hereof.
Abroad Exchange reserves the right to amend and update these terms and conditions at any time
and without notice. The user shall be automatically bound by the terms and conditions in force at the
time of accessing the Abroad Exchange website and is therefore advised to read them on a regular
basis.
By registering, I confirm that I have read and understood the foregoing paragraphs and I implicitly
accept all terms and conditions of use of the Abroad Exchange website.