Terms and Conditions

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Effective date January 1st, 2014.

Terms and Conditions

Introduction

Welcome to Linguaville.com and its associated domain names www.linguaville.com, www.linguaville.co.uk, www.linguaville.com.au, www.linguaville.org, www.linguaville.in  (together the “Website”). This Website is owned and operated by Kirkby Dalton Ltd registered in England and Wales (Company No. 08536970) whose registered office is at 19-21 Main Road, Gedling, Nottingham. NG4 3HQ United Kingdom. ("Kirkby Dalton" or "LinguaVille" or "We" or "Us" or "Our").

If you have any questions relating to this Website, you can email us at admin@linguaville.com. So that you may fully enjoy our Website, we would like you to be aware of the following rules that govern your use of the Website.

PLEASE READ THIS USER AGREEMENT CAREFULLY, AND IF YOU ARE UNDER THE AGE OF EIGHTEEN, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BY CLICKING THE “CONTINUE” BUTTON. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.

This User Agreement (the “User Agreement”) is a contract between you and Kirkby Dalton Ltd and applies to all users of this Website. In this User Agreement “you” or “your” means any person or entity using this Website, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”), it also includes such person’s parent or legal guardian. Unless otherwise stated, “LinguaVille”, “we” or “our” refers to LinguaVille as part of Kirkby Dalton.

Amendments

We may amend or supplement this User Agreement at any time. Please check this User Agreement each time you access and use this Website so that you will understand the terms applicable to your access and use of this Website. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on our Website and ask for your agreement to it at that time. If you do not agree to the amended User Agreement, you may not continue to access or use the Website. However, note that no changes to this User Agreement that we may make in the future will shorten the balance of your Registration Period (as hereafter defined) at the time of amendment.

Privacy Policy

Our general privacy policy (as of the most recent effective date) (the “Privacy Policy”) is incorporated into this User Agreement by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. Our Privacy Policy may be changed from time to time. When we make changes to this Privacy Policy, we will notify you of the changes by posting the revised version on our Website and ask for your agreement to it at that time. If you do not agree to the amended Privacy Policy, you may not continue to access or use the Website. Any other posted guidelines or rules applicable to any individual use of this Website will form part of this User Agreement.

Links to Other Websites

Any other websites that link to this Website are not part of this Website and may have different policies with respect to the collection, use and disclosure of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our other websites or any third party websites to whom we provide links.Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of LinguaVille’s or its affiliates. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

Registration and Your Account

Certain products, services, information and materials provided through this Website may be accessed and/or used by you without requiring registration or login to this Website (collectively, “Public Materials”). Other products, services, information and materials provided by linguaville.com, require registration in order to be accessed and/or used by you (collectively, “Member Materials”). This User Agreement applies equally to the use and access of Public Materials and Member Materials.
When you register at this Website, you will be asked to make up a login name and password (collectively, your “Account”) and you may be asked to enter an access code or create a paid for online subscription in order to access the Member Materials.

Security of Your Account

IT IS IMPORTANT THAT YOU REMEMBER YOUR LOGIN AND PASSWORD AND YOU SHOULD KEEP YOUR LOGIN AND PASSWORD IN A SAFE PLACE OFFLINE.

We will use your login and password to identify you when you return to our Website. If you forget your login or password, you will not be able to access the LinguaVille lessons. You may like to consider maintaining a copy of your registration details in a secure place.

You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to: immediately notify us of any unauthorised use of Your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.

We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorised access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. We disclaim responsibility for all negligent acts that may result in disclosure of your personal information.

Registration Period

Your Account on this Website is valid for as long as you maintain a subscription. You may renew your subscriptions for additional periods of time either by subscribing online or by entering an access code from a voucher code or other special offer access. 
If you let your Account lapse without renewing it prior to the end of your current subscription Period as discussed above, you may reactivate your Account within the next 90 days without losing all your details. Further details regarding renewal periods, fees and methods of payment will be provided as those features become available on this Website.

You may have only one LinguaVille Subscription membership per email address at any one time.

User Accounts, usernames and passwords are not transferable, even between your own Accounts, and digital items including LinguaVille games, medals and trophies, have no retail value and are not redeemable for cash.

Single and Family registration customers are occasionally provided with a free trial period. School registration customers are provided with a 28 day trial period. All registration trials, after this period will have to purchase a subscription in order to continue to use the services provided.

If you opt for the "Remember me" feature for your LinguaVille online Account, a cookie helps Us recall certain items of your specific information on subsequent visits, including your user name and password. When you return to LinguaVille, the information you previously provided can be retrieved, so that it is not necessary to enter your user name and password to access certain functionality. While cookies are a convenience, please remember that if you elect the "Remember Me" option, anyone who can access the computer you are using will have the ability to access your account for certain functions and view certain information about your Account, including viewing and making purchases. Certain functions, such as accessing your complete payment card information, cannot be viewed through the use of cookies.

Consent to Electronic Communications.

You consent to receiving communications from LinguaVille about your LinguaVille membership electronically, either by e-mail or by notices posted on this site, as determined by LinguaVille in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by LinguaVille in writing is satisfied by such electronic communication. You agree that LinguaVille may send you e-mails which include notices about your Account as well as information pertaining to our service, such as featured products or new offerings. You agree that this information is part of your subscription and your relationship with LinguaVille.

Free Trials.

From time to time, in LinguaVille's sole discretion, LinguaVille may offer a free trial period to first-time customers, limited as to one per household and/or one payment method provided. Your trial period begins the day you sign up for LinguaVille online membership and open an Account.

During the free trial period, you will receive the benefits of LinguaVille for no charge. Membership may be modified at any time prior to the end of your free trial through the "My Account" link at LinguaVille. Any subscription plan changes made to your Account prior to the end of your free trial will nullify the remaining period of your free trial and you will be charged for the new subscription plan selected. For example, if you are in a free trial for 3 days, but decide to purchase a 3 month subscription after 2 days, your free trial for remaining 1 day will immediately terminate and your payment card will be charged for the 3 month subscription plan.

Gift Voucher Codes

   

LinguaVille gift cards and gift certificates (“Gift Vouchers”) may only be redeemed toward the purchase of eligible products from the Websites, Purchases are deducted from the redeemer’s Gift Voucher balance. The balance of the Gift Voucher must be used within the one transaction. If a purchase exceeds the redeemer’s gift card balance, the remaining amount must be paid with another payment method. LinguaVille may provide gift card purchasers with information about the redemption status of gift cards that they purchase. No fees apply to gift cards.

   

Gift Vouchers, including any unused balances, expire 6 months from the date of issuance. Gift Vouchers may be redeemed for the purchase of products. Gift Vouchers may not be redeemed for the purchase of products on any other website owned and operated by us, our affiliates, or any other person or entity, except as indicated by these terms and conditions. Gift cards cannot be used to purchase other gift cards. Gift cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Unused Gift card balances in an linguaville.com Account may not be transferred to another Llnguaville.com Account.

 Risk of Loss.

 

The risk of loss and title for a Gift Voucher passes to the purchaser upon our electronic transmission of the Gift Voucher to the purchaser. We are not responsible if any Gift Voucher is lost, stolen, destroyed or used without your permission.

   

We have the right to close customer Accounts and take payment from alternative forms of payment if a fraudulently obtained Gift Voucher is redeemed and/or used to make purchases on our Websites.

 Limitation of Liability.

 

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT VOUCHERS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CARD. IF APPLICABLE LAW DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 General Terms.

 

This User Agreement applies to Gift Vouchers issued by Us.  When you purchase, receive or redeem a Gift Voucher, you agree that the Gift Voucher operates exclusively under the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English Courts will govern these terms and conditions for Gift Vouchers. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law.

Promotion Codes  

We may from time to time provide discount promotional codes or licence third parties to provide promotional codes for discounts to LinguaVille ('Promotion Codes').

 

Promotion Codes may only be redeemed towards the purchase of eligible products from our Website and are non-refundable.  Promotion Codes can be used towards adding additional languages to an existing Account.  They may not be redeemed on products on any other website owned or operated by Us, our affiliates, or any other person or entity, except as indicated in this User Agreement or expressly with the Promotion Code.

Promotion Codes expire on the date specified on them.

We have the right to close customer Accounts and take payment from alternative forms of payment if a fraudulently obtained or used Promotion Code is redeemed and/or used on Our Website.

This User Agreement applies to Promotion Codes issued by Us.  When you purchase, receive or redeem a Promotion Code, you agree that the Promotion Code operates exclusively under the law of England and Wales and you hereby submit to the exclusive jurisdiction of the English Courts will govern these terms and conditions for Promotion Codes.  We reserve the right to change these terms and conditions from time to time in our discretion.  All terms and conditions are applicable to the extent permitted by law.

Promotion codes may be offered from time to time with special prices or discounts and are all with an express expiration date.

Refunds are payable where we, in Our discretion agree and only on amounts actually paid.

Language amendment

The user may only change the target language once within the subscription period on an Account without further charge unless expressly agreed by Us in writing and any such change must be notified in writing and agreed by Us within 30 days of first registration.


Purchase of additional languages whilst in a subscription.

Users can acquire additional languages to their subscription, a new language requires its own licence and will have a separate expiry time to it, i.e. 1,3,6,12 months subscription terms.

By way of example a user may subscribe for French for 3 months, then later purchase a German subscription for 6 months. These two languages are treated as separate licences and will expire accordingly to their end date notwithstanding that they are on the same User Account. Expiry dates per language is displayed within “My Account” under “Languages” heading.

Suspension or Termination of Account           

We reserve the right to suspend any Account that has been inactive for six (6) months or more. In addition, We may terminate or suspend your Account and/or access to all or part of this Website and/or any products or services available through this Website in the event (I) We determine after reasonable investigation that you have breached this User Agreement or that your conduct violates applicable law or is otherwise harmful to the interests of Us or other third parties, or (II) We decide to cease our operations and/or provision of any applicable products or services in connection with this Website, or (III) LinguaVille may at any time and at its sole discretion terminate your right to use the Website.

Ownership of Intellectual Property and Restrictions on Use of LinguaVille Materials

All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, games, public materials, member materials and animations together with all digital images contained on the website, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “LinguaVille Materials”) are the property of Kirkby Dalton Ltd, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns and are protected, without limitation, by copyright, trademark and patent laws throughout the world. Without limiting the generality of any other provisions of this User Agreement, the use of any LinguaVille Materials on any other website or networked computer environment is prohibited.

This User Agreement grants to you a limited license to access and use this Website, the Public Materials, and if applicable, the Member Materials, for your personal, non-commercial use. You may print and retain a copy of pages of this Website only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the LinguaVille Materials in a manner that suggests an association with any of our products. You may not make any modifications to any LinguaVille Materials other than as expressly permitted by us.

Without limiting the generality of the foregoing, you agree that you shall not: (I) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (II) download or copy Website information for the commercial benefit of you or a third party; (III) make any resale or commercial use of this Website or the LinguaVille Materials; (IV) publish any collection or compilation of any product listings, descriptions, or prices; (V) create any derivative work of this Website or its contents; (VI) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (VII) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Kirkby Dalton or its licensors; or (VIII) use any meta tags or any other “hidden text” utilising the trademarks, logos, trade names or content of LinguaVille, Kirkby Dalton or its licensors.

If you download, access or use software from this Website, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (the “Software”) are licensed to you for your personal, non-commercial use as a personal, non-exclusive, non-assignable, non-transferable licence. Kirkby Dalton keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, disassemble or otherwise render the Software. Any unauthorised or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

Kirkby Dalton has the right to vary, modify, change or discontinue: (I) any feature or function offered on this Website; (II) any part or all of this Website, including hours of availability; and (III) to restrict access to parts or all of this Website from time to time with or without notice to you. We may make available and upgrade this Website on the same terms and conditions as this User Agreement and any such upgrades will form part of this Website. In order to obtain and access parts of this Website, including upgrades, you may be required, at your own cost, to install specific software on your computer.

To make the experience on our Website more enjoyable, we suggest your system requirements will need, at a minimum;

OS: Windows XP, Mac OSX Snowleopard
Browser: Google Chrome v40.xx, Mozilla Firefox v4.xx, Internet Explorer 8, Safari 7
A microphone and speakers
Adobe Flash Player v11.xx
A high speed broadband internet connection

Recommended:
OS: Windows 7, Mac OSX Yosemite
Browser: Google Chrome v40.xx, Mozilla Firefox v32.xx, Internet Explorer 11, Safari 8
A microphone and speakers
The latest Adobe Flash Player
A high speed broadband internet connection

Please note that Linguaville does not support the Android Browser.

User Content                                                   

Certain areas of this Website will permit you to send to Kirkby Dalton text, information and other submissions. We value your feedback on this Website, and to help us better understand your remarks, we request that you be as specific as possible in your comments on this Website. Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, room designs, concepts, content, materials or information of any nature, save and except any personally identifiable information as defined in our Privacy Policy (collectively, the “User Content”), submitted by you to LinguaVille or otherwise posted on this Website shall be deemed to be, and shall remain, property of Kirkby Dalton. You shall be deemed to have irrevocably assigned in perpetuity to Kirkby Dalton free of charge all of your worldwide right, title and interest in and to such User Content, and waived any “moral” or author’s rights or rights to attribution therein completely and irrevocably. Without limiting the foregoing, We shall exclusively own all now known or hereafter existing rights to the User Content of every kind and nature throughout the World, and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to Kirkby Dalton, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and licence to use, reproduce, modify, sub-licence, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicise such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you.

You are responsible for all User Content posted by you. We have no responsibility for such user content. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. Kirkby Dalton retains the right, but not the obligation, to review, edit or delete any User Content which we deem to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policy. You hereby agree to indemnify us and keep us indemnified against all awards, costs, damages, fines and expenses howsoever arising incurred by us as a direct or indirect consequence of your User Content.

Reliance on information

This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at LinguaVille’s sole discretion.  If you become aware of any apparent errors please do report them to us.

Changes may be made at any time to the information, names, text, software, images, pictures, recordings, logos, trade-marks, products and services and any other material displayed on, offered through or contained on Our Website.

 

Fees Relating to your Payment Method.

You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds over the credit limit fees and transaction charges.

Any subscription which has an unpaid balance on an Account will be suspended, and access to this Account will be at the sole discretion of LinguaVille until payment is received in full.

Price and Availability

The products and services offered or referred to on this Website are subject to availability of the products and services. Further, availability for purchase or rental of product types or individual products is subject to change by LinguaVille in its sole discretion at any time without notice. Contemplation of certain product types this User Agreement does not mean such products or product types are available for purchase or rental, on the Website or otherwise, at any given time. The prices stated for such products and services are subject to change without notice.

School Access

For the purpose of School online access and licences; a School is defined as any educational institution including on-line tutoring. A School subscription to LinguaVille applies to students of that school attending on a full-time or part-time basis.

School Quotes

School quotes are valid for 28 days from date of the quotation; they are then no longer valid and will require a new quotation.

School Accounts

A School Account within Our Website will be on the basis of a separate licence being required for each individual student and in turn for each language studied by each individual student and our pricing and quotes will be based on this principle.  For the avoidance of doubt multiple access by different students is strictly prohibited and We reserve the right to suspend Our products and services and/or terminate a School's User Agreement and/or make appropriate additional charges for licences where we have reasonable grounds to suspect any such circumstance.

User Code of Conduct

The Website is provided by Kirkby Dalton and is intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on this Website. Users of this Website must not:

  1. Use this Website in such a way as to offend or interfere with the use by anyone else of this Website;
  2. Sell, trade or barter any items earned through this Website;
  3. Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website that: (I) are defamatory, libellous or inaccurate, (II) are abusive or threatening towards or invade the privacy of any third party, (III) which are offensive, obscene or pornographic; (IV) infringe the intellectual property rights, including copyrights, of any third party; (V) violate any law or regulation; (VI) advocate illegal activity; (VII) advertise or otherwise solicit funds or are a solicitation for goods or services; or (VIII) are treated as confidential under any contract or policy;
  4. Attempt to circumvent the security systems of this Website;
  5. Attempt to gain access to this Website in a fraudulent manner, including but not limited to using fraudulent codes;
  6. Attempt to use this Website in a fraudulent manner, including but not limited to, access to this Website or information or images that have not yet been officially announced or incorporated into this Website’s functionality.
  7. Attempt to gain access to any other user’s Accounts;
  8. Attempt to ascertain any other user’s password, codes and/or personal information by any means whatsoever, including without limitation, by use of this Website or any other website, or by e-mail communication;
  9. Attempt to harvest or otherwise collect information about other users without their consent;
  10. Attempt to use this Website for any purposes other than those intended by LinguaVille; or
  11. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

Spam

The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

Disclaimers

The use of this Website is at your own risk. To the fullest extent permitted by law, this Website is provided on an ‘as is’ and ‘as available’ basis, without warranties or representations of any kind. To the fullest extent permitted by law, We disclaim all warranties, representations and conditions, either express or implied, including without limitation implied warranties of merchantability, satisfactory quality, non-infringement or fitness for a particular purpose, in connection with this Website, its contents, the products or services available through this Website, or associated with the use of this Website, or any website or contents with which it is linked.

We do not warrant that this Website and any website to which this Website is linked will be available at any particular time, will be provided in an uninterrupted or error-free manner or will be corrected if found to be defective. We reserve the right to modify and/or discontinue this Website at any time without notice. To the extent that you communicate with our customer service department or sales presentative through any source the statements, promises or actions taken by such sources shall not limit or otherwise modify the terms of this disclaimer and/or this user agreement and this disclaimer and this user agreement shall apply to any information provided by you through such sources.

In addition, we do not warrant that this Website and its contents available will work with any particular hardware or software systems or configurations or are free of viruses or other harmful components.

Finally We do not warrant or make any representations regarding the use of the results of this Website in terms of their correctness, accuracy, reliability, timeliness, or otherwise. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of this Website rests with you. If your use of this Website results in the need for servicing, updating or replacing your equipment or software, you agree you are responsible for those costs.

Limitations of liability

To the fullest extent permitted by law, under no circumstances, including but not limited to negligence, shall We be liable for any loss of use, loss of data, loss of income or profit, loss of or damage to property, or for any damages of any kind or character (including out limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages) arising out of or in connection with the use of, or the inability to use, this Website, estore items or any of the LinguaVille materials or contents with which it is linked, even if We have been advised of the possibility of such damages or losses. Without limiting the foregoing, neither We are not responsible or liable for any infections or contaminations of your system, or delays, inaccuracies, errors or omissions arising out of your use of this Website.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. However, in no event shall the total liability of Us for all damages, losses and causes of action and costs and expenses (including legal fees) whether in contract, tort (including but not limited to negligence), or otherwise, related to your use of, or the inability to use, this Website, estore items or any of the LinguaVille materials or functions at this website, exceed the lesser of (I) the amount, if any, paid by you in connection with your access, use and/or purchases made on this Website or (II) £[100]

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations or services under this User Agreement that is caused by an event outside our control being any act or event beyond our reasonable control including, but not limited, strikes, lock-outs, other industrial action, civil commotion, riot, invasion, terrorist attack or threat, war, preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, natural disaster or failure of public or private telecommunications networks.

Indemnity

You hereby agree to indemnify and hold each member of Us, harmless from and against any loss, liability, claim, demand, damages, costs and expenses including all legal fees, which We or any of Us may incur in connection with any claim rising out of or resulting from (I) any breach by you of this User Agreement (II) your use of this Website, your account and/or your submission of User Content; (III) your purchase of any estore item, and /or (IV) any violation by you of any law or the rights of any third party. You must use your best efforts to cooperate with Us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Notwithstanding the generality of the above, We do not seek to limit their liability in respect of fraud or for death or personal injury caused by our negligence or that of our employees or agents acting in their capacity as employees or representatives.

Applicable Law

You agree that this User Agreement operates exclusively under the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English Courts.

Dispute Resolution 

All disputes between you and LinguaVille arising or relating to: (a) this User Agreement; (b) this Website; (c) any advertisement or promotion relating to this User Agreement or this Website; or (d) transactions effectuated through this Website; or (e) the relationship which results from this User Agreement (including relationships with third parties who are not a party) (collectively "Claims") shall be resolved by binding individual arbitration under the Arbitration Association's rules for consumer-related disputes. Neither you nor LinguaVille will participate in a class action or class-wide arbitration for any claims covered by this agreement. If this class action waiver is found to be unenforceable in a particular case, then this entire arbitration agreement shall be null and void in that case. This agreement shall be governed by the then applicable Arbitration Act in England and Wales and, where consistent, England law. LinguaVille reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes filed before the effective date of the amendment. This provision will survive the termination of your right to use this Site.

How We May Use Your Personal Information

We will use the personal information you provide to Us to (I) provide our services (II) process your payment for such services; and (iii) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.

You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.

Other Information Terms

We may transfer Our rights and obligations under this User Agreement to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under this User Agreement.

You may only transfer your rights or your obligations under this User Agreement to another person if We agree in writing.

This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

Each of the paragraph of this User Agreement operates separately.  If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If We fail to insist that you perform any of your obligations under this User Agreement, or if We do not enforce Our rights against you, of if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations.  If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

Taxation

Our prices include VAT where applicable however if the rate changes we will adjust the rate of VAT you pay unless you have paid for our services in full before the change of VAT rate.

 

Other businesses 

We may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of, any of these businesses or individuals or the content of their websites. www.linguaville.com does not assume any responsibility or liability for the actions, product, and content of any of these and any other third parties. You can tell when a third party is involved in your transactions, and we may share customer information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

 

Affiliate programme

We operate an affiliate programme to reward referrals of users who open an Account with Us. Where an affiliate uses their website, blog, emails, Facebook page, Twitter and other social media presence to refer friends and new customers to LinguaVille and their online language learning solution all click-through’s and sales will be automatically tracked electronically. We pay 10% commission to an affiliate referrer on each membership subscription sold. Payments are made 4 times a year. 6th Jan, 6th April, 6th July, 6th October. Cancellation of subscriptions from affiliate links are deducted from any commission payable.

If the commission total does not total 50 pounds sterling in any period between payment dates, then they will be transferred to the following payment date and you will receive payment when you have reached or exceeded the minimum amount on the next available payment date. All participants in our affiliate programme must have a Paypal account (in order to receive payouts). If you do not currently have a Paypal account, they are free and easy to open. LinguaVille will not be responsible for any fees incurred by yourself and are not the responsibility of LinguaVille. You may NOT receive credit for referring yourself. We pay a commission on the sale of all products sold. If you are interested in participating in our affiliate programme and/or selling our services to schools, then please contact us using the contact page on Our Website.

 

LinguaVilles Affiliate Service Agreement is summarised as follows:

· You place our merchants banners or links anywhere on your website, blog or social media pages, within other web related content, or use them within non-spam emails such as newsletters.

· Linguaville.com shall pay you a commission of 10% of the sale price on all sales you are responsible for. We reserve the right to pay higher commission rates and bonus incentives to those affiliates that achieve certain sales targets.

· We may email you concerning changes to our affiliate marketing program, to provide notification of any promotions or special offers, and to provide any other news or information that may assist you in your efforts as an affiliate. It is your responsibility to ensure that you provide us with a current email address that you shall maintain and that enables us to provide you with a suitably professional level of support.

· You will be paid your commissions at such time as your account balance is fifty (50) Great British Pounds or more, when we process Affiliate payments on the 6th of each quarter: Jan, April, July and Oct.

· Affiliate accounts that are left inactive will be removed from our system if their balance is equal to or less than 25 Great British Pounds. If an abandoned affiliate account has a balance between 25 and 50 GBP, a 25 GBP fee will be assessed once per quarter, until the balance is equal to zero UK sterling - and is then closed. At no time will an affiliate ever owe monies to Linguaville.com, based on fees - the account will simply be closed. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true - the account will remain in an active state.

· All statistics are collected and calculated by Linguaville.com, and will be the only valid statistics used for determining commissions.

· Any page that contains Linguaville.com links, banners, or code must be written in English, unless otherwise agreed in writing.

· As an affiliate, you can only have 1 account. You can list multiple domains in one account, but only one account is allowed. Self-referrals for affiliate or merchant accounts are strictly prohibited.

· All Affiliates shall have a PayPal account into which all commission payments shall be made.

· International affiliates (those with addresses outside of the UK) are paid via PayPal where possible.

· Your physical address listed for receiving payments MUST be your actual address. Mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed. For example, if you choose USA as your country, you must be in the USA. If you choose Russia as your country, you must be in Russia.

· Certain sites are not permitted to be part of the affiliate program or link to LinguaVille. This includes blogs or websites of an adult nature, websites that promote weapons, drugs, terrorism, pedophilia, or any form of hacking or cracking, and also bans those that contain content that incites hatred, harasses, bullies or promotes violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity.

· You will not hold LinguaVille liable for anything: a link to a non-Linguaville.com website does not mean that Linguaville.com endorses or accepts any responsibility for the content or the use of such Web site.

· You cannot SPAM. We will terminate your account on the first offence of SPAMMING. Do not send emails out to lists or groups that you do not have permission to send to. We cannot stress this enough- we WILL terminate your account on the first offence!

· NOT ALLOWED: All other uses of banners or links in locations such as chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed, unless otherwise agreed in writing.

· NOT ALLOWED: Any placement of creative in a "Desktop" advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form, unless otherwise agreed in writing. We will agree to Affiliates engaging in Adwords and PPC campaigns at their own cost so long as we are made aware of their intentions in advance.

· NOT ALLOWED: Any display of a merchant window that isn't the result of a direct click by the end-user.

· Failure to abide by these rules could mean termination from a given merchant program, or from Linguaville.com completely with a complete forfeit of commissions.

· Fraud is a serious offence, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR ACTUAL FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.

· If you run or utilise an incentive website, you MAY participate in Linguaville.com's pay-per-sale programs ONLY IF you receive specific written (fax or email included) permission from the merchant. You must also copy this specific permission to us, and that permission must detail exactly what kind of incentive your users have to click the links. Without this permission, your commissions may be voided. You are not allowed to participate in any pay-per-sale programs without special permission.

· We might vary the terms of service from time to time as we see fit.

 

Complaints

Please contact us if you have any complaints about the LinguaVille product at contact@linguaville.com and we will endeavour to assist you.

 

 Final Note to Parents and Teachers

www.linguaville.com does not sell products for purchase by children. If you are under 18, you may use www.linguaville.com only with the involvement of a parent or guardian.

The internet offers a world of wonderful new learning opportunities for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. Your efforts to ensure responsible online practices will help your children use only appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.

 

This website is published by Kirkby Dalton Ltd.

Effective 1st January 2014