Terms and conditions

Terms and conditions

The company Nativing, SAS with capital of 12,500 euros, whose registered office is located 61 rue Pierre Audry, 69009 Lyon, registered with the RCS of Lyon under the number 841 378 599, represented by Cédric Ghennouchi, in his quality of President (« Nativing "), offers Internet users a platform designed to connect learners and language coaches, who can, in addition to linguistic support, provide accommodation, meals and various leisure activities. or the daily newspaper (the "Service").

1. Definitions

Each of the terms mentioned below will have the following meanings in these General Terms and Conditions: 
- Learner: means the Platform User wishing to benefit from the Offer and register as such on the said Platform.
- General Terms: means the these terms and conditions of sale and use.
- Coach: means the Platform User wishing to publish an Offer and register as such on said Platform.
- User Account: means an account created by a User allowing him to benefit from the Service.
- Offer: refers to all the elements and data (including textual and visual) deposited by a Coach to offer language support, accommodation, meals, and various leisure activities in return for a fixed price that it defines.
Privacy Policy: means the privacy policy of Nativing accessible here.
-Part (s): refers to Nativing, the Learner and / or the Coach.
- Platform: refers to the set consisting of the website www.nativing.com and software and applications to access the Service offered by Nativing.
- Service: refers to the contact service between Learners and Coachs.
- User: refers to Learners and Coaches together.

2. Purpose

2.1. These Terms and Conditions govern (i) the terms of access and use of the Platform to benefit from the Services provided by Nativing to the User and (ii) the rights and obligations of Nativing and the User as defined herein. -after. 

2.2. These Terms and Conditions and the Privacy Policy form an indivisible whole and prevail over any other document, and therefore constitute all of the terms and conditions on which the User and Nativing have agreed. They replace all documents, prior agreements and previous communications, including verbal or otherwise.

3. Duration

3.1. These general conditions are concluded for an indefinite period. 

3.2. They come into effect from the date of their acceptance by a User.

4. Acceptance and modification

4.1. These General Terms and Conditions are communicated to the User during the creation of his User Account, prior to the provision of the Service. They will then remain available at any time on the Platform, for consultation by the User. 

4.2. By checking the box "I accept the Terms and Conditions of Sale and Use" and then clicking on the "Continue" box, the User acknowledges having read and declares to accept all the Terms and Conditions. 

4.3. Any access and / or use of the Platform implies unreserved acceptance and respect of the entire terms of the Terms and Conditions. 

4.4. The User certifies to have the capacity to accept the General Conditions and undertakes to respect them. If he accepts the General Conditions in the name of a legal person, the User certifies that he has the right and the authority. 

4.5. If the General Conditions were to be modified partially or totally, for the needs and according to the evolution of the Service, Nativing would inform the User by notification and submit the new version of the Terms and Conditions to its consent.

5. Getting in touch

5.1. By using the Service and accepting these Terms and Conditions, the User acknowledges that Nativing is not party to any agreement between Users. 

5.2. Nativing does not act in the name or on behalf of any User and may in no way be considered as the agent or the principal.

6. Access to the Platform

6.1. The Platform is available on the website www.nativing.com, or any other address that may be substituted. 

6.2. The User acknowledges having the skills and means necessary to access and use the Platform. 

6.3. The User declares to be informed that, in order to access the Platform and the Service, he must have access to the Internet or a subscription allowing him to access it, previously subscribed at the supplier of his choice, whose cost is his responsibility. 

6.4. The User acknowledges in particular: 
- that the quality and reliability of the transmissions depend on the network infrastructures on which the transmissions circulate, and are random, this may lead to breakdowns or network saturation, placing the User in the network. inability to access the Platform; 
- that it is his responsibility to ensure the security of his terminal equipment and his own data, software or other equipment at his disposal, especially against any contamination by virus or attempted intrusion of which he could be a victim; 
- that all equipment connected to the Platform is and remains under its full responsibility, especially in case of damage resulting directly or indirectly from its connection to the Platform.

7. Use of the Service

7.1. Registration and creation of 

7.1.1 User Account. The use of the Service by the Learner or the Coach proposed by Nativing requires that the User, whether Learner or Coach, create a User Account. 

7.1.2. To do this, the Learner must complete the required form on the corresponding page, communicate the necessary information for this purpose, and choose an identifier and a password. 

7.1.3. The Coach will have to complete an online form and validate it. Nativing will then contact him to validate his registration. His announcement will therefore be visible on the website. 

7.1.4. The information requested varies depending on the status of the User (Learner or Coach). The requested data is collected for the purpose of setting up a User Account and executing the Service. 

7.1.5. The information provided must be complete, accurate and up-to-date, which the User guarantees. In the event of modification of any of the information provided, the User undertakes to update his information in order to maintain their accuracy. 

7.1.6. The User remains solely responsible for the use that may be made of his User Account, and therefore undertakes to keep his username and password strictly confidential. 

7.1.7. The indicated email address must remain valid as long as the User Account exists so that the User can benefit from the Service. 

7.2. Once the User Account has been created: - Learners holding a User Account may contact the Coaches and subscribe to an Offer; - Coaches holding a User Account will see their Offers published by Nativing, and may respond to Learners who have contacted them by email.

8. Subscription to Offers

8.1. The Coach must, in his Offer, fill in the form provided for this purpose, particularly with regard to the accommodation he offers, the number of daily meals included, his availability and the various leisure activities he offers as well as a daily fixed price for these services. 

8.2. The Learner may contact the Coach by email to inquire about the Offer. 

8.3. When the Learner and the Coach reach an agreement, then the Coach launches a request for payment of the Offer price which must be accepted by the Learner to validate the transaction. 

8.4. The Parties agree that the amount of the Offer will be sequestered by the Nativing Payment Provider until the completion of the services provided for in the Offer and that the payment will therefore be effective only at that time.

9. Cancellation and Refund Policy

9.1. The Learner is aware that Nativing is not required to guarantee a right of withdrawal as mentioned in the Consumer Code in respect of the services subject to the Offer, since it subscribes to the Offer with the Coach only. 

9.2. In addition, in accordance with the provisions of Article L.221-28 of the Consumer Code, the User expressly waives his right of withdrawal with regard to the Service. 

9.3. By default, the benefit is voidable and refundable: 
- In full (with the exception of Nativing service fees) up to 14 days before the day of the beginning of the services offered by the coach (fixed at 00:01) 
- At 50% (at the except the Nativing service fee) until 48h before the day of the beginning of the services proposed by the coach (fixed at 00h01) No refund possible thereafter. 

9.4. The Coach agrees to effectively practice the cancellation policy of the Offer that he has indicated in the Offer. 

9.5. The Coach also undertakes to reimburse the Learner:
- in the event of cancellation by the Coach of the services contained in the Offer before the beginning of said services; in proportion to the days not carried out for the services envisaged in the Offer
- in the event of cancellation on the initiative: 
*of the Learner during the period of realization of the services envisaged in the Offer because of (i) a flagrant incompatibility between the services actually performed and the Offer accepted by the Learner or (ii) the Appellant's endangerment as a result of the Coach; 
*of the Coach during the period of completion of the services provided for in the Offer for a reason other than his endangerment. 

In any cases, Nativing fees are not refundable.

9.6. Any request for cancellation and refund must be sent by the Learner to the Coach by email with a copy of this email, Nativing via the address hello@nativing.com.

10. Commissions for Nativing

10.1. From the payment of the amount of the services contained in the Offer by the Learner to the Coach via the Platform (the "Prize"), Nativing will receive a commission, directly based on the Prize paid to the Coach (the "Commission"). 

10.2. The Commission consists of the sum of the following two elements paid: 

- By the learner, according to the duration of the services contained in the Offer: 
*less than 1 week: 15% of the Price, in addition to the Price, 
*more than 1 week: 13% of the Price, in addition to the Price, 
*more than 1 month: 10% of the Price in addition to the Price, 

- By the Coach, 9% of the Price, in addition to the Price.
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