Terms and Conditions
1. DESCRIPTION
The company "Vicsgames sarl", a developer of internet-based educational services, proposes a set of resources in the form of online services, accessible to individuals having paid a yearly subscription by electronic payment means.
2. DEFINITIONS
Subscription : contract linking the buyer and Vicsgames, and allowing individual access and usage rights of a given resource, for a period of 365 days.
Establishment : any educational facility, public or private.
Hardware : any equipment or means by which the user accesses and uses these resources, including local area networks, extranets and internet.
Dispatching platform : equipment which allows access to resources by establishments.
Resource : any online service provided by Vicsgames.
User : any individual, pupil, student or teacher operating within an establishment, which has acquired the rights of use for these resources.
3. APPLICABILITY
The present terms and conditions are applicable to any resource proposed by Vicsgames. No derogation to the present terms and conditions will be allowed without the prior written consent of Vicsgames. The buyer declares having read, understood and accepted the terms and conditions at the time of subscribing to the service. Any other conditions stated by the buyer, in any form of document, will not be deemed applicable to Vicsgames, whatever the time Vicsgames would have been made aware of these other conditions, with the exception of those conditions described in a separate agreement between the buyer and Vicsgames. The fact that Vicsgames does not, at some point in time, call on these present terms and conditions, cannot be interpreted as a waiver towards any such term or condition in the future. If one of the clauses of the present terms and conditions was contrary to the law, that clause solely would be declared null, and not the overall present terms and conditions.
4. PURCHASES AND EXECUTION
Any subscrition purchased from Vicsgames is final upon the payment of the fee to Vicsgames. The availability of resources remain the responsibility of Vicsgames.
Purchasing : The basic principle is a payment of a right to use resources for a determined period in time.
Duration: unless otherwise specified on the subscription form, the subscription starts on the date of payment, and ends after one year.
Base fee : The price indicated is computed per buyer and per year, except in the case of a separate agreement specific to the buyer and Vicsgames.
5. PRICE
Unless there is a case of a separate agreement specific to the buyer and Vicsgames, the subscriptions are paid for in full for the value of the base fee of Vicsgames. The base fee is net of tax. They do not account for neither possible Internet access subscription fees, nor the cost of telecommunications. The base fee can be modified at any time, without prior notice. Any change in the base fee is transparent to the current subscriptions.
6. CONDITIONS OF DELIVERY
The resources are made available through the delivery of a password which is communicated to the buyer upon the payment of the subscription fee by the buyer.
7. WARRANTY
The services sold by Vicsgames are guaranteed by the company in conditions that are forwarded to any buyer who does so request. Vicsgames will not be held accountable for any damages such as loss of production, loss of use, loss of chance, loss of data, financial or commercial prejudice resulting from the use or the failings of the service.
8. RESPONSABILITY - RECOURSE
Vicsgames will do its utmost to insure permanent access to resources for any buyer or user within the timeframe of their subscription, and notably the proper availability of the dispatching platform. However, Vicsgames is not responsible towards establishments for a dysfunction of the resources caused by a dysfunction of the internet, or of the buyer's Internet Service Provider. The proper operation of hardware and equipments used to access the resources remains the responsibility of the buyer.
9. INTELLECTUAL PROPERTY RIGHTS
The rights of use made available to the buyer are granted to the sole buyers. Any other use, notably the fact of allowing unauthorized users to access the resources is strictly forbidden. It is reminded that, in agreement with the Intellectual Property Rights under French law, the violator will risk civil & penal sanctions foreseen in the case of counterfeit. The violation of these dispositions can result in the cancellation of the subscription, and the launch of a legal procedure.
10. RETURN
Access to the service is granted for a period of one year, without any possibility of refund or exchange. Vicsgames provides on its internet site the possibility of testing its service.
11. FREEDOM, FILES, ELECTRONIC PROCESSING - PERSONAL DATA
Vicsgames is not in the business of collecting nor using personal data other than those strictly required for the delivery of the services, and forbids itself from sharing such data with any third party, except under legal constraints. However, in agreement with the law n° 78-17 of the 6th of January 1978, any person whose personal data has been collected is allowed to access and modify this data, through a written exchange of documents.
12. APPLICABLE LAW
Expressly, after all amicable recourses where attempted, any legal matter will be resolved by the appropriate Tribunal in Versailles, under French law. The buyer declares having read, understood and accepted, without any reservations, the general terms and conditions as described in this document.
13. MODIFICATIONS
The preset terms and conditionscan be modified at any time, without prior notice from Vicsgames.
14. AGREEMENT
The buyer declares having read and understood the present terms and conditions, and warrants to respect them.