PIPPLET – TERMS AND CONDITIONS OF USE OF ONLINE SERVICES

PIPPLET – TERMS AND CONDITIONS OF USE OF ONLINE SERVICES


Preamble

The PIPPLET Service allows for the assessment of the Candidate’s command of and ability to communicate in a given language, available on the Website and defined beforehand by the Client, upon the request of which the Candidate undertook to undergo the said assessment.

The use of the Website and Service is subject to these terms and conditions of use (hereinafter the “Conditions of Use”). Each Visitor accessing the Website, browsing the Website and/or using the Website, expressly represents to accept these Conditions of Use in full.

Unless there are special conditions pertaining to a service or an offer, any new service or amendment of service in place and/or of product by the company PIPPLET shall be subject to these Conditions of Use.

Notice

Any Visitor accessing the Website is deemed as having accepted these Conditions of Use.

Before taking a language Test through the Platform, the Candidate is invited to consider the consequences that the results of this Test may have, notably vis-à-vis any decisions that the Client may take on the basis of the Test results. The Candidate holds PIPPLET harmless from any liability in this regard.

Data & Confidentiality

See our charter on the protection of users’ personal data for any information about personal data and RGPD.

1. Definitions

For the purposes of interpretation of these terms and conditions, capitalised words and expressions used hereinafter have the following meaning:

Candidate”: means any person voluntarily taking one or more language Tests on the Platform, upon the request of a Client.

Client”: means PIPPLET’s client, that subscribed to an online Test service from PIPPLET in order to assess the command of and ability to communicate of one or more Candidate(s) in a given language, available on the Platform.

Conditions of Use”: means these conditions of use.

Contributions”: means any data, notably answers to questionnaires, provided by the Candidate in the context of the PIPPLET Service (notably the Test) as well as opinions given by the Candidate at the end of the Test, irrespective of their form and notably written or oral.

Cookie”: means a block of data that does not allow for the identification of the Visitor but that is used to record information regarding the Visitor’s browsing of the Website.

Contact Details”: means the information provided by the Client regarding the Candidate and collected by PIPPLET on the occasion of the Client’s request to open the PIPPLET Service to the Candidate in question (such as, without limitation, his surname, given name, email address).

Parties”: means collectively PIPPLET and any Visitor or Candidate.

PIPPLET”: means the company PIPPLET, simplified joint-stock company (société par actions simplifiée) with a share capital of 20,000 euros, with its registered office located at 10 rue de Penthièvre - 75008 Paris, registered at the Paris Trade and Companies Register under number 813 493 673 and represented by its Chairman, Mr Baptiste Derongs.

Platform”: means the platform to which PIPPLET holds the exclusive property rights, made available to the Candidate and to the Client in terms of the PIPPLET Service for the purposes of the Test and all updates related thereto.

PIPPLET Service” or “Service”: means in the sense of these Conditions of Use, the access to and the right to use the Platform by the Candidate, through the Website for the purposes of carrying out a language Test upon the Client’s request.

Website”: means PIPPLET’s website available at the address www.pipplet.com (and its various extensions and variations, including any mobile application) as well as the Platform, which is accessed via the address dashboard.pipplet.com for Clients and via the address audition.pipplet.com for Candidates.

Test”: means the language test offered to the Candidate to be carried out upon the Client’s request in order to assess his ability to understand and to be understood in the language defined by the Client in the context of the PIPPLET Service via the Platform.

Visitor”: means any user of the Website, including the Candidate.


2. Description of the Service

The purpose of the PIPPLET Service is to allow the Candidate to carry out a Test allowing for the assessment of his command of and ability to communicate in a foreign language.

The language Test carried out by the Candidate is subject to an assessment and analysis by PIPPLET and/or its affiliated examiners.

The results of the test are communicated to the Client, which the Candidate expressly accepts, in the form of a score, with the indication of the correspondence with the European CEFRL level and a summary report regarding the answered provided by the Candidate in question to the various questions proposed in terms of the Test.

The Client is the exclusive owner of the Test result, such that PIPPLET may not be obliged in any case to communicate it to the Candidate, which the latter expressly acknowledges.

Save for the case where the Client instructed PIPPLET to transfer the Test result directly to the Candidate, any request to communicate the Test result shall be sent by the Candidate to the Client, which will decide alone whether it will communicate the result and the extent of the communication (final score only, report regarding the Test carried out by the Candidate, etc.).

The Website includes:


3. Access to the Website / Prerequisites

3.1. Technical Prerequisites

3.1.1. Internet Access

Access to the Website and to the Service requires the Visitor to comply with the following prerequisites: (i) to have an Internet connection and (ii) to hold an Internet subscription allowing access to the Website, it being understood that the Visitor alone bears the costs related thereto.

In this regard, the Visitor represents that he knows and accepts the characteristics and limits of the transfer of information by the Internet network and in particular of its technical performances, as well as the costs specific to the connection to this network.

He shall notably ensure that the technical characteristics of his computer and of the software that he uses allow him access to the Website and to the Service in good conditions and he shall take all appropriate measures to be protected against contamination by any malicious programmes.

3.1.2. Additional technical prerequisites specific to Candidates

The Platform and the Website in general are optimised by the following Internet browsers: Google Chrome and Mozilla Firefox. The Candidate and the Client are invited to use these Internet browsers.

The Candidate shall furthermore have a microphone so that his oral Contributions may be recorded for the purposes of the Test. For the purpose of intelligibility, it is recommended that the Candidate use a headset and a microphone in order to avoid any noise pollution from his external surroundings. In general, it is strongly recommended that the Candidate access the Service in a quiet environment so that the Test results and his attention while using the Service are not disturbed by his external surroundings.

3.2. Access to the Service

The Service is accessible 24/7.

Access to the Service and to the Platform by the Candidate shall be made via a personal link, sent to the Candidate by PIPPLET per email, upon the Client’s request.

When accessing the Platform, the Candidate is invited to check whether the aforementioned technical prerequisites are complied with. He shall then access an interface explaining how the Platform works prior to being able to take the Test.

After the Test, the Candidate is invited to give his opinion regarding the Platform and the usefulness of the Test. The Test is only definitively concluded after this last step (it being indicated that, if necessary, the Candidate’s opinion regarding the Platform and the usefulness of the Test does not have any impact whatsoever on the Test results).

Once the Test is concluded, the Candidate’s right to access and use the Platform shall expire, save for the case where the Candidate is invited to take a Test again upon the request of a Client of PIPPLET. In this case, the Candidate shall be given a new right to access the Service and the platform, it being understood that the results of a previous Test shall not in any case be used by PIPPLET to assess the Candidate in terms of a new Test.


4. Undertakings of the Visitor and of the Candidate

4.1. General undertakings of the Visitor

When using the Website, Platform and/or Service, a Cookie may be installed automatically on the Visitor’s browsing software, and the Visitor expressly represents to be informed thereof by way of accepting these Conditions of Use.

In general, this Cookie contains an identification number or a code allowing PIPPLET to recognise a Visitor when he uses the Website and/or the Service. The implementation of Cookies allows for the retrieval of statistical data in order to improve the features of the Website and/or Service and to respond to the Visitors’ needs in the best way possible. The data thus collected will not be passed on to third parties in any case.

It is reminded that each browser has features allowing the Visitor to oppose the registration of Cookies, to be informed prior to accepting Cookies or to delete them.

PIPPLET shall not be held liable for technical incidents, independent from its services, that may occur during the transfer of files such as communication issues due to the Internet access service provider (speed or interruption). The Visitor represents in this regard to be perfectly aware of the characteristics and limits of the Internet network, notably in terms of transmission and breach of data.

In this regard, it is indicated that the Service, the Platform and more generally the Website are available on the basis of a service “as is” and are only accessible depending on availability. It follows that PIPPLET shall not be held liable if the Service and/or the Website proves to be unavailable in case of bugs or temporary interruption of the Service by reason of maintenance operations or for any other reason beyond PIPPLET’s control, such as, without this list being limitative: pirating, computer virus, fire, blackout, interruption of Internet access, technical anomaly, incompatibility of the browser used by the Visitor or of its equipment, etc.

The Visitor shall also take all appropriate measures to protect his own data and/or software, notably against contamination from any virus or third-party intrusions and carry out backups on his personal assistant or laptop, before and after using the Website and Service.

The Visitor furthermore represents to be aware that the integrity, authentication and confidentiality of information, files and data of any nature that he wishes to share on the Internet network cannot be guaranteed on this network. The Visitor shall thus not send messages, the confidentiality of which he wishes to be guaranteed in an infallible manner, over the Internet network.

More generally, the Visitor acknowledges that he browses on the Website and/or the Platform at his own risk. PIPPLET does not guarantee in any case that: (i) the Service corresponds to the Candidate’s specific expectations and requirements, (ii) the Service shall operate without interruption, in a secure manner and without error, (iii) the quality of any services or information obtained via the Service meets his expectations, and that (iv) any error in the Service shall be corrected.

Any Visitor remains solely liable for damage suffered while browsing the Website or using the Service, including, without limitation: material damage or bodily injury, loss of data, loss of profit, etc.

4.2. Additional specific undertakings of the Candidate

The invitation email sent to the Candidate and the personalised link that it contains allowing access to the PIPPLET Service are strictly confidential and personal.

The Candidate undertakes in this regard to refrain from communicating PIPPLET’s invitation email and the personalised link to a third party to the extent that his right to access and use the Service is strictly personal.

In order to use the PIPPLET Service, the Candidate has personalised and exclusive access such that any connection to the Platform via a link appearing in the invitation email to access the Service shall be considered as having been made by the Candidate himself.

In case of loss or more generally of misappropriation of the invitation email by a third party, the Candidate undertakes to inform PIPPLET immediately at the following email address so that the latter can prevent any fraudulent use of the right to access the Platform: team@pipplet.com.

The Candidate irrevocably undertakes to personally take the Test, without the help of any person or any material whatsoever.

The Candidate shall refrain from any fraudulent, excessive or abusive use of the Service, notably such as the transfer of any data that is prohibited, unlawful, illegal or contrary to morality or public order and that infringes or is likely to infringe upon rights of third parties, and notably intellectual property rights. It furthermore undertakes to use the Service personally.

It is not possible for the Candidate to request the re-examination of a Test carried out.

The Contributions made while using the Service are owned by the Candidate, who undertakes not to provide any illegal, vulgar, obscene, slanderous Contribution or more generally one that is likely to incur the liability of its author.

In order to guarantee the impartiality of the assessment of language Tests by professors, the Contributions are communicated to them in an anonymised form.

The Contributions shall not in any case be disseminated, reproduced or represented to the public, unless the Parties agree otherwise.

The Candidate has the right to oppose the communication of the Contributions that are considered as personal data under the conditions presented in Section 7 hereinafter.

4.3. Sanction

The Visitor is solely liable for any direct or indirect, material or immaterial damage caused to PIPPLET and/or third parties by reason of his use of the Website, Platform and/or Service.

In addition, in case of breach to these Conditions of Use, PIPPLET reserves the right to suspend or prohibit any new access to the Platform and to the Service by the Candidate, without prejudice to any legal action that may be initiated by PIPPLET and any damages that may be claimed from it. Depending on the seriousness of the breach, the Candidate shall be informed that it will not be able to access the Service, whether temporarily or definitively, at PIPPLET’s discretion.


5. Ownership

5.1 Ownership of the Website, Platform and the content thereof

The Candidate acknowledges and accepts that the Website, Platform and the content thereof are strictly the property of PIPPLET (and/or of its partners or licensors) and are protected by copyright, trade mark(s), patent(s) or any other intellectual property right recognised by the applicable laws.

It is furthermore reminded that by application of the provisions of Sections L. 121-1 et seq. of the Intellectual Property Code, the author’s moral right is permanent, inalienable and imprescriptible. The author has the right to have his name, capacity as author and work respected. Therefore, any representation of a work, in full or in part, made without the consent of the author or his beneficiaries is unlawful. The same applies to the translation, adaptation, transformation, arrangement or reproduction through any art or process whatsoever.

In particular, the content, such as drawings, illustrations, images - whether animated or not -, software, trade marks, photographs, video sequences, sounds and texts, appearing or available on the Website or the Platform are protected by intellectual property law.

These Conditions of Use do not constitute any assignment or transfer of any sort of intellectual property rights. As a consequence, any adaptation, dissemination, borrowing, imitation, representation, reproduction or use, in any form whatsoever, of all or part of the Website or of the Platform, without the prior written approval of PIPPLET and/or its partners or licensors, is strictly prohibited.

The fact that PIPPLET and/or its partners or licensors do not initiate any proceedings from the moment they become aware of these unauthorised uses shall not be considered as acceptance of the said uses and waiver to initiate proceedings.

5.2. Scope of the right to use granted to the Candidate

PIPPLET grants to the Candidate, upon the Client’s request, a non-exclusive right to use the Platform, strictly for the requirements of the execution of the Test by the Candidate, and for the duration thereof. This right is strictly personal to the Candidate and non-transferable.

No other right is granted to the Candidate on the Platform. In particular, the Candidate is not authorised to:


6. Limitation of Liability

By accepting these Conditions of Use, the Candidate expressly and unreservedly accepts to subject himself to the Test attributed by PIPPLET and its affiliated examiners, without opposing them or raising any objection or reservation in this regard.

PIPPLET shall not be held liable for any direct or indirect damage suffered by the Candidate and notably, without limitation, PIPPLET shall not in any case be held liable for a poor Test result by the Candidate and the consequences thereof (decision taken by any person based on Test results, notably in terms of a recruitment process, the validation of experience, training, etc.).

For States for which the law does not authorise any waiver of liability or contractual limitation to liability, this clause shall not apply and PIPPLET’s liability shall then be limited to 1 euro or the lowest limit allowed by the legislation in question, whichever is the lowest.

This clause applies whether PIPPLET’s contractual or tortious liability is invoked.


7. General Provisions

7.1. Invalidity

If one or more clauses of the Conditions of Use are deemed invalid and/or void and/or inapplicable by application of a law, regulation or following a final decision of the competent court, the other clauses shall remain fully applicable.

7.2. Non-waiver

The fact that PIPPLET does not assert any of the clauses of the Conditions of Use at any time shall not be deemed as a waiver to assert the same clauses in the future.

7.3. Amendments

The Conditions of Use may be amended by PIPPLET at any time.

In this case, the amended Conditions of Use shall enter into force from the moment they are put online.

As a consequence, PIPPLET invites the Visitor to read the Conditions of Use on a regular basis.

The Visitor shall be deemed as having accepted this last version on each connection to the Website.

Regarding the Candidate, ticking the box accepting the Conditions of Use shall constitute a full acceptance of the Conditions of Use in their version applicable on the click date, as indicated in the preamble of these terms and conditions.

7.4. Language

The Conditions of Use are drafted in French. If these Conditions of Use are translated, only the French version shall be binding on the Parties. In addition, all communications, notifications in terms of the Conditions of Use shall be made in French.


8. Applicable Law - Jurisdiction

The Conditions of Use are governed by French law. The Parties shall try to find an amicable solution in case of disagreement regarding the execution or interpretation of these Conditions of Use. The competent Courts within the jurisdiction of the Court of Appeal of Paris, France shall have jurisdiction for any dispute or complaint if no amicable solution is possible between the Parties, including in case of interlocutory procedure or if there are several defendants.

Conditions of Use updated on 15 July 2019