Terms of service & privacy policyp

Terms of service & privacy policy

LinguaLift terms of service & privacy policy—October 2016

  1. Acceptance of terms
    a. You must accept these terms in order to use LinguaLift. It is applicable to anybody who uses, pays for, or has access to the LinguaLift service, blog, or other content.
    b. The terms “you”, “students”, “users” encompass all users including students, those with access to settings panels, payment panels, or those who use email coaching services. By using the LinguaLift service, you agree to be bound by these terms of service (including the Privacy Policy, which is incorporated here by reference).
    c. Any reference to “we”, “us” shall be understood to mean EduLift Limited, which is a Limited Company registered in England and Wales. LinguaLift is a trading name of EduLift Limited.
    d. If you are entering into this contract on behalf of a company or other legal entity, you represent that you have the authority to bind such entity. In that case, the terms “you” or “your” shall also refer to such entity. If you do not have such authority, or if you do not agree with these terms of service, you may not use the Service.
    e. You acknowledge that these terms of service is a contract between you and EduLift Limited, even though it is electronic and is not physically signed by you and us, and it exclusively governs your use and our legal relationship.
    f. If you are a school or teacher in the United Kingdom and you want your students to use LinguaLift, you are responsible for complying with the Data Protection Act 1998, ensuring that the data that you pass on to us, and the personally identifiable study data that we provide to you has been, and will be acquired and processed fairly and lawfully. You must comply with a request from EduLift Limited under the Data Protection Act, and agree to waive any applicable processing fee.
    g. If you are a school or teacher in the United States and want your students to use LinguaLift, you are responsible for complying with the U.S. Family Educational Rights and Privacy Act (“FERPA”). This means you must notify those students’ parents/guardians of the personally identifiable information you will collect and share with us and obtain parental/guardian consent before your students establish accounts or use the Service. When obtaining such consent, you should provide parents/guardians with a copy of our Privacy Policy.
    h. If you are located outside of the United States or the United Kingdom, we will rely upon you to obtain any required consent or approval from the parent or guardian of any student covered by similar laws and, as a condition to your and your students’ use of the Service, you will comply with such laws.
  2. Description of Service
    a. The “Service(s)” means (a) LinguaLift’s online language learning learning platform (the “Site”), and (b) personal coaching and tutoring services provided by LinguaLift via asynchronous text communication.
    b. The “Service” does not include Your Data (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the LinguaLift.
    c. The “Service” is provided “as is”, and no representation is made as to effectiveness, availability or uptime.
  3. Access and Use of the Service
    a. You may access and use the Service only for lawful, authorized purposes and you shall not misuse the Service in any manner (as determined by EduLift Limited in its sole discretion).
    b. Any software or content that may be made available by or on behalf of EduLift in connection with the Service, including our mobile and desktop applications, (“Software”) contains proprietary information that is protected by applicable intellectual property and other laws.
    c. Subject to the terms and conditions of these terms of service, EduLift only grants you a personal, non-sublicensable and non-exclusive license to use our intellectual property solely in connection with the Service. Any unauthorised copying, storage, publication or modification of any part of the Service or any of our copyrighted material is strictly prohibited.
    d. Our copyrighted material includes (but is not limited to): textbook content, software code, vocabulary lists, spaced repetition algorithms, images, photographs, audio files, emails, messages, design and databases.
  4. Linked third party sites
    a. Links to other Internet sites operated by third parties, including EduLift vendors, do not constitute sponsorship, endorsement, or approval by EduLift of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by EduLift, and EduLift is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices.
    b. Links to other sites are provided for your convenience only, and you access them at your own risk.
  5. Payment and Refund Policy
    a. All tuition fees must be paid before the term of tuition.
    b. On a recurring (“subscription”) plan, we will provide no refund for unused tuition time in the future that has not yet been used. To prevent a charge, you must cancel your subscription before the time of renewal of your plan.
    c. Attempting a ‘chargeback’ to your credit card is strictly against our terms of service, and will result in civil action being taken against you to recover the funds.
  6. Termination
    a. We reserve the right to deactivate and delete your account (or the access privileges of any Member) and terminate these terms of service at any time for any reason, or no reason, with or without notice. Without limiting the foregoing, EduLift may, in its sole discretion, publish policies whereby we delete your account for prolonged inactivity.
    b. Upon any termination of these terms of service, we will have no obligation to maintain or provide your study data.
  7. Privacy Policy
    a. We do not share personal information with companies, organizations and individuals outside of EduLift unless one of the following circumstances applies:
    i. You consent to us sharing your personal information
    ii. A law enforcement agency has made a lawful request for the information
    iii. For external processing. We use third party services to process your data, make payments, and deliver our service.
    b. We collect data about you and your studies using proprietary technology and third party tools. Our primary goals in collecting personally identifiable information are to provide you with a personalised service, to communicate with you, and to track our marketing and outreach efforts, including those of our affiliates.
    c. We use both session cookies and persistent cookies to better understand how you interact with our website.
    d. In addition, we may use your contact information to inform you about our products and services, and products and services of other third party products we recommend. If you decide at any time that you no longer wish to receive such information or communications from us, please un-follow us.
    e. You may request that personal information we have about you is deleted by emailing us. We will guarantee that the information is deleted within one calendar year from the date of the request.
  8. Choice of Law and Forum
    a. The terms of service and our legal relationship shall be governed by the laws of the England and Wales without regard to its conflict of law.