Условия и положения
Welcome to Lingoda.com, the premier service that enables people around the world to learn languages online. This agreement (the “Agreement”) represents the entire contract between you and Lingoda GmbH (“Lingoda”) with respect to the abovementioned site(s) (the “Site”) and, where applicable, the fee-based subscription services contained therein. By visiting the site or becoming a customer of, purchasing a gift subscription from, or subscribing to Lingoda, you agree, without qualification, to be bound by the terms and conditions of use (the “Terms”), as set out below.
- Acceptance of the Terms
- Changes to the Terms
- Provision of Services
- Your Rights
- Use of the Services
- Right of Withdrawal
- Intellectual Property
- Rights Access and Interfaces
- Privacy and Security
- Policy Community Forums, Chats, Message Boards and Email Conduct
- Fees and Payments
- Resolution of Disputes
1. Acceptance of the Terms
By using the information, tools, features and functions available on Lingoda.com (together referred to as the “Service” or the “Services”), you agree to be bound by this Agreement and the Terms, whether you are a “Visitor” (which means that you are simply browsing the Lingoda website) or a “Customer” (which means that you have registered with Lingoda). The terms “You” and “User” refer to both Visitors and Customers. The term “We” refers to Lingoda. The term “Material” refers to all teaching materials used in our classes. If you wish to become a Customer, communicate with other Customers and/or make use of the Service, you must read this Agreement and indicate your acceptance during the registration process.
If you do not agree with all the Terms, do not use this Site.
Please review all of the Terms carefully before using the Site.
By using the Site, you agree to be bound by the Terms and confirm that you are at least 18 years old and able to enter into legally binding contracts.
Before you continue, you should print or save a local copy of this Agreement for your records.
2. Changes to the Terms
Lingoda has the right to change these Terms with effect for the future, for example due to a change in the law or to ensure better functionality of our Site or Services. Excluded from this are unreasonable changes, especially to essential parts of the Agreement, such as the main Services owed. Lingoda will notify you of any changes to these Terms in text form (email will suffice) at least four (4) weeks prior to their intended effective date to the last known email address. If you do not agree with the changes to the Terms, you have the right to object to the changes or cancel your subscription the at the next possible date until the day the change to the Terms comes into effect. If you do not exercise your right to object to the changes or terminate your subscription, it will be assumed that you agree with the new Terms. Lingoda will inform you about this circumstance and its consequences in the notification about the changes of the Terms.
If you object to the applicability of the Terms, Lingoda may terminate your use of the Site by giving you two (2) weeks’ notice.
3. Provision of Services
In accordance with our privacy and security policies, we reserve the right to review the Services, in order to determine whether the use thereof is in compliance with these Terms and the applicable legislation. Moreover, we reserve an absolute and unrestricted right to review and delete any materials accessed or transmitted through the Services if we have reasonable grounds to believe that they violate the law or these Terms. We may modify, enhance or improve the Site from time to time without prior notice to you.
4. Your Rights
Lingoda offers you a non-transferable right of access, use and display of the contents of this Site provided that you comply fully with this Agreement and the Terms as set out. The materials on this Site are provided to you only for your private, non-commercial use. Certain services of this Site are available only to registered customers of Lingoda. By electing to purchase a subscription or register for a trial of Lingoda, you agree to be bound by the terms and conditions as set out below in Section 12 of the Lingoda billing policy.
5. Use of the Services
Your right to access and use Lingoda.com and the Service provided applies to you personally, and you are not entitled to transfer it to any other person or entity. You are only entitled to access and use Lingoda for purposes that comply with the law.
You are responsible for maintaining the secrecy of your Lingoda account (the “Account”), username and password. You agree to notify Lingoda of any unauthorized use of your Lingoda Account. In order for the Service to function effectively, you must also keep your registration information up to date and accurate. If you do not do so, the accuracy and effectiveness of the Service you receive will be affected.
We may terminate your account or change, claim or delete any username associated with your account if required to do so by changes in legislation, or for reasons of security, or if we have reasonable grounds to believe that you are misusing the Services or using them contrary to the interests of other subscribers, or if you are otherwise in breach of this Agreement. We are not required to retain a log of your Account or any data or information you may have stored through the Account and/or the Services.
It is possible that your access to and use of Lingoda.com will be interrupted occasionally for compelling reasons such as equipment failure, periodic updating, maintenance or repairs relating to Lingoda.com or other steps that Lingoda needs to take in order to maintain the functionality of the Service.
6. Right of Withdrawal
If you are a consumer in the sense of § 13 BGB (German Civil Code), you are entitled to a right of withdrawal for the contracts with Lingoda in accordance with the statutory provisions, about which we inform you in this clause 6. Consumer in this sense (and in the sense of these Terms) is any natural person who uses the services of Lingoda for a purpose that cannot be predominantly attributed to his commercial or independent professional activity.
Instructions on the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Lingoda GmbH, Zimmerstraße 69, 10117 Berlin, +49 (0)30 91907195, e-mail: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(If you like to withdraw from this contract, please fill out this form and send it back.)
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods of sale (*)/ for the provision of the following service (*):___________________________
– Ordered on (*)/received on (*):___________________________
– Name of consumer(s):___________________________
– Address of consumer(s):___________________________
– Signature of consumer(s) (only if this form is notified on paper):___________________________
(*) Delete as appropriate.
End of instructions on the right of withdrawal
(1) Subject to the following paragraph of this Section 7, Lingoda’s statutory liability for damages is limited as follows: Lingoda’s liability is limited to the amount of damages typically foreseeable at the time of the conclusion of this agreement for minor negligent breaches of essential obligations arising from the contractual relationship (i.e. this applies to those contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the agreement and the breach of which jeopardises the achievement of the purpose of the agreement and the observance of which you regularly rely on, so-called “cardinal obligations”). Lingoda is not liable for the slightly negligent breach of non-essential obligations arising from the contractual obligation.
(2) The aforementioned limitation of liability does not apply in cases of mandatory legal liability (especially according to product liability legislation) as well as in case of acceptance of a warranty, intent or gross negligence or damages from the violation of life, body or healh. You are obliged to take reasonable measures to avert and mitigate damages.
8. Intellectual Property Rights
Lingoda owns the copyrights to the Lingoda Materials, including content, text, images, software, audio, video, documentation, and the Site. You may not publish, publicly display (e.g., post on the Internet), distribute, sublicense, modify, especially translate, or reproduce for non-private use, any copyrighted materials without the prior express written consent of Lingoda.
9. Access and Interfaces
You agree that you will not:
- use any bots, spiders, scrapers, deep links or other similar automated data gathering or extraction tools, programmes, algorithms or methodology to access, acquire, copy or monitor Lingoda.com or any part of Lingoda.com without express written consent from Lingoda, which we are entitled to withhold at Lingoda’s sole discretion;
- use or attempt to use any engine, software, tool, agent or other device or mechanism (including, and without being limited thereto, browsers, spiders, bots, avatars or intelligent agents) to navigate or search Lingoda.com other than the search engines and search agents available through the Service or other generally available third-party web browsers (such as Microsoft Explorer);
- post or transmit any file that contains viruses, worms, Trojan horses or any other contaminating or destructive features, or any that would otherwise interfere with the proper working of Lingoda.com or the Service;
- attempt to decipher, decompile, disassemble or reverse-engineer any of the software that constitutes or makes up a part of Lingoda.com or the Service in any way. Please be aware that the normal rates and fees charged by your carrier, such as text messaging fees, will apply when accessing Lingoda.com with your portable devices.
11. Community Forums, Chats, Message Boards and Email Conduct
Lingoda strives to create a global community of language learners. As such, Lingoda enables users to post messages, use chat rooms and find learning resources, such as local language schools and job offers. You are solely responsible for the content of these messages as set out in this Agreement. Furthermore, by using these services, you agree not to publish, contribute or post any material that:
- contains content, which violate rights, in particular copyrights of third parties
- contains objectionable language or is in any way, pornographic, sexually explicit, slanderous or libellous
- attempts to contact a fellow user of Lingoda without explicit solicitation by that user
- violates any viable rules, laws or regulations or infringes upon any rights of any third party
- contains viruses or any other code designed to interrupt, destroy or incapacitate the functionality of any software, hardware or telecommunications systems
- is considered “spam”, such as chain letters, junk mail, spam or other solicitations
- attempts to impersonate another person or breach the security of Lingoda and its users.
Furthermore, the opinions and messages posted by users at Lingoda do not necessarily reflect and are not necessarily representative of the views of Lingoda or its employees, affiliates, suppliers or partners. Lingoda is not responsible for the content of messages sent by users to other users they have located through Lingoda.
12. Fees and Payments
By purchasing a Package, you agree to be bound by the following terms:
The fees charged by Lingoda are final prices. We do not charge or display value-added tax or sales tax pursuant to § (4) No. 21 UStG. Lingoda guarantees that every credit card transaction you make on Lingoda is 100% secure. If you wish to check the status of your subscription, please go to the “My Account” page in your login area and log in. Your language course includes teacher-led classes. The group and private courses are provided on a “course credit” basis by means of which you will have access to the stated amount of group and private courses offered for your language course. You will find the current prices of the language courses offered on the enrolment pages and in some cases on other pages on our website. The exact contents of your language courses are indicated in the login area of the site under “My Account” at all times, and they can be accessed via the login area.
All fees for language courses are recurring fees. Once purchased, they are non-refundable. In the event that you do not cancel your language course before the end of the specified course period, you automatically agree to an automatic renewal of your language course for the same period and under the same conditions. If you do not wish to continue your language course, you must deactivate your account on the “My Account” page of your login area or, alternatively, you can send us written notice by email to firstname.lastname@example.org.
An exception to the previous paragraph and to the pro-rata payment obligation in the event of cancellation, pursuant to Section 6, is our 7-day money-back guarantee if this is explicitly stated on the cancellation page. You have the right to cancel your language course within 7 days of the purchase of your first month’s subscription, in which case you will receive all your money back, by submitting a request to claim the 7-day money-back guarantee by written (email) notification. This 7-day money-back guarantee does not apply to trial packages or subsequent subscriptions.
You may purchase additional courses to those included in your language course. You have the right to take more teacher-led courses through these courses.
Free trial packages are only available to first-time users.
Credit Card Payments
It is possible that your subscription could be cancelled after registration in the event that your credit card expires, is cancelled, is lost or becomes invalidated. We will then contact you and you will be given the opportunity to change your login details. Your subscription will be cancelled in the event that your credit card is not successfully recharged or your subscription is not successfully renewed.
If you wish to cancel your subscription, click on the “Close Account” button in your user profile. From this point on, your purchased lessons will remain valid until the next payment date. Your account will not be debited any further. In order to give you a better overview, as soon as you have cancelled your subscription, the remaining time you have to redeem your unused lessons will be displayed on your profile.
You agree to indemnify Lingoda against any and all damages that may arise from your negligent or intentional breach of this Agreement and the terms and conditions stated herein.
15. Resolution of Disputes
A dispute resolution platform is available online from the European Commission. The platform is available at http://ec.europa.eu/consumers/odr. Our contact address is Zimmerstraße 69 10117 Berlin. Lingoda does not participate in any dispute resolution procedures – we prefer to resolve your issues directly with you. If you wish to contact customer service and make an enquiry, please click here.
Agreements between you and Lingoda shall be governed by the laws of the Federal Republic of Germany, excluding the UN Sales Convention. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which you have your habitual residence as a consumer, remain unaffected.
All contracts, agreements, representations and warranties made in this Agreement shall extend beyond your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and Lingoda regarding the subject matter thereof, and it supersedes all other previous agreements.
If you have any questions about this policy statement, or about any of Lingoda’s other policies and practices, please contact us via the contact details provided on Lingoda.com.
Unless specifically mentioned otherwise, Lingoda.com and the related services are supplied by:
10117 Berlin, Germany