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Terms & Conditions
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Terms & Conditions
Content
1. Interpretation
2. General
3. Warranties and Responsibilities
4. Services
5. LanguageRoom Payment Rules
6. Course Booking, Management and Fees
7. Disputes
8. Refunds and Cancellation Policy
9. LanguageRoom’s Reservations
10. Disclaimer
11. Security Rules
12. Miscellaneous
13. Applicable Law
14. Privacy Policy
1. Interpretation:
1.1. “Account Holder” means the person who has registered with the Website and has opened a LanguageRoom Account and authorised payment for School Services.
1.2. “Booked Course” means a course confirmed by the ppp, listed in the Booking System and the s ty&C have been accepted by the user
1.3. “Booking System” is the system as explained in Clause 4.1.2
1.4. “Card” refers to all types of cards with a function of "payment", "charge", "debit", "credit", and, or similar functions.
1.5. “Course Fee” means the fee listed on the Website for the provision of School Services which is inclusive of VAT if applicable.
1.6. “Financial Institution” means any licensed bank or similar institution.
1.7. “Force Majeure Event” means any occurrence or condition beyond one's reasonable control which leads to a delay or default in the performance to the affected party's contractual obligation and shall include Acts of God, Government restrictions, wars, insurrections and, or any other cause beyond the reasonable control of the party whose performance is affected.
1.8. “Group Company” in relation to any company means anybody corporate which is that company’s subsidiary or parent company or a subsidiary of that company’s parent company, as defined in article 2 of the Companies Act, 1995, Chapter 386 of the Laws of Malta, and the term Group’ shall be construed accordingly;
1.9. “LanguageRoom” means LOLEC Ltd., a limited liability company incorporated under the laws of Malta with Company Registration number (C49120) and having its registered address at 22, Lascaris Wharf, Valletta, VLT, Malta;
1.10. “LanguageRoom Account” means an account held by an Account Holder with the strict purpose of receiving the LanguageRoom Services and School Services.
1.11. “LanguageRoom Services” means the services as described in Clause 4.1 provided by LanguageRoom to an Account Holder through a LanguageRoom Account.
1.12. “Parent Company” shall have the meaning assigned to it in sub-article (2)(a) of article 2 of the Companies Act, 1995, Chapter 386 of the Laws of Malta.
1.13. “Payment Solution Provider” means an intermediary acting as a payment agent between an Account Holder and LanguageRoom.
1.14. “School” means a registered course provider, accredited by the applicable law of the course provider, listed on the Website
1.15. “School’s Account” means a LanguageRoom Account held by a School
1.16. “School Services” means the services provided by the School to the User as per the School Terms and Conditions.
1.17. “School Terms and Conditions” shall mean the agreement between the School and the User for the provision of the School Services.
1.18. “Teacher” means a person authorised to provide School Services on behalf of the School
1.19. “User” means the recipient of School Services and can be the Account Holder or a person authorised by the Account Holder,
1.20. “Website” means LanguageRoom’s internet portal, accessible through the internet address www.languageroom.com or any other website operated by LanguageRoom where all current and relevant information regarding the Services is published.
1.21. “Website Terms and Conditions” are these terms and conditions hereinafter provided relating to the use of the Website, LanguageRoom Services and LanguageRoom Accounts by Account Holders.
2. General:
2.1 The Website Terms and Conditions apply to the usage of the Language Services through the Website.
2.2 The Website Terms and Conditions constitute a binding agreement between the Account Holder and LanguageRoom.
2.3 The Website Terms and Conditions come into force as soon as the Account Holder completes the registration process.
2.4 The Account Holder should read these Website Terms and Conditions carefully in their entirety before registering and start using the LanguageRoom Services. If the Account Holder does not agree with any provisions of these Website Terms and Conditions he/she must not use or continue to use the Website, and/or should seek to close his/her Account.
2.5 LanguageRoom reserves the right to amend these Website Terms and Conditions. Such amendments will become effective immediately upon being posted on the Website. It is the Account Holder’s sole responsibility to review these Website Terms and Conditions and amendments each time you log in to use the Services. For ease of reference Website Terms and Conditions shall be dated and contain a version number.
2.6 These Website Terms and Conditions are published in a number of languages for information purposes and ease of access by Account Holders. It is only the English version that is the legal basis of the relationship between the Account Holder and LanguageRoom and in case of any discrepancy between a non-English version and the English version of the Website Terms and Conditions, the English version shall prevail.
3. Warranties and Responsibilities:
3.1. The Account Holder declares and warrants that:
3.1.1. he/she has attained the age of eighteen (18) years;
3.1.2. he/she possess the legal authority to enter into a binding legal obligation;
3.1.3. he/she will use the Website in accordance with these Website Terms and Conditions;
3.1.4. he/she will only use the Website to make legitimate bookings for School Services for him/her or for another person for whom he/she is legally authorised to act;
3.1.5. he/she will inform the User, when such User is not the Account Holder, of the Website Terms and Conditions that apply to the LanguageRoom Services and the School Services
3.1.6. all information hereinafter provided by him/her is true and correct and all information that is provided by him/her is to LanguageRoom during the term of validity of this agreement is true, complete, and correct, and that Account Holder shall immediately notify LanguageRoom of any change of such information;
3.1.7. All money that he/she deposits into the LanguageRoom Account are not tainted with any illegality and, in particular, do not originate from any illegal activity or source.
3.2. The User warrants and understands that participation in lessons implies the knowledge and the acceptance of the limits of internet, especially:
3.2.1. the technical capacity, the replying time for consult, interrogate or transfer information, the interruption risks, and in general, the risks inherent of any connection and transmission failure;
3.2.2. the absence of protection of data at the User’s location;
3.2.3. the contamination risks by potential viruses circulating on the net.
3.3. The User warrants that all information provided by him/her is true and correct and shall keep such information up to date by notifying LanguageRoom of any changes when they arise.
3.4. The connection to the Website and the participation of the User at any lesson is done under the User’s responsibilities.
3.5. The User shall take all the appropriate measures to protect the data and/or software stocked on the User’s computer against virus/malware/Trojans and other malicious software.
3.6. The User warrants that he/she shall use adequate equipment for the receipt of the services as per the specifications provided by LanguageRoom and LanguageRoom shall take no responsibility for any problem which arises from your equipment, or the School’s or any third party.
3.7. The User acknowledges that lessons are delivered over the internet and as internet performance may vary outside of Schools’ control, variance in lesson quality may occur. Such variance shall not be a cause for dispute.
4. Services:
4.1. LanguageRoom shall provide the following LanguageRoom Services:
4.1.1. a Website to assist Account Holders:
4.1.1.1. in gathering information with regards to Schools and language courses offered by Schools;
4.1.1.2. booking language courses, times and dates with Schools;
4.1.1.3. paying for the language courses selected via one of the listed Payment Services Providers.
4.1.2. a Booking System that will enable Account Holders to:
4.1.2.1. Hold a LanguageRoom Account;
4.1.2.2. View their Account balance;
4.1.2.3. View Lessons completed;
4.1.2.4. View Lessons scheduled;
4.1.2.5. View Lessons in Dispute.
4.1.2.6. Manage LanguageRoom Account
4.2. Schools shall be responsible for and provide the School Services as described and as per the School Terms and Conditions.
4.3. LanguageRoom shall be responsible for the approval of a School to provide School Services. LanguageRoom shall ascertain that the Schools approved are all accredited institutions in the jurisdiction from where they operate.
4.4. LanguageRoom Services shall be provided at no cost to the Account Holder.
5. LanguageRoom Payment Rules:
5.1. Deposits shall at all times be made through a reputable Financial Institution, in accordance with such institution’s procedural rules, to a specially designated LanguageRoom bank account to be kept separate from LanguageRooms’s own accounts.
5.2. LanguageRoom may appoint a Payment Solution Provider to act, receive and manage payments on behalf of LanguageRoom.
5.3. LanguageRoom does not accept cash and shall only accept payment through the Payment Solution Provider as listed.
5.4. LanguageRoom shall credit to the LanguageRoom Account all funds received by LanguageRoom from or on behalf of the Account Holder, or owed by LanguageRoom to the Account Holder.
5.5. An Account Holder can only make a deposit with a legitimately held Card.
5.6. If no transaction has been recorded in a LanguageRoom Account for twelve (12) months, LanguageRoom shall remit the balance in that account to the Account Holder or, if the transaction cannot be completed and the Account Holder cannot be contacted LanguageRoom shall charge an Administration Fee of X per month.
5.7. Funds in the LanguageRoom Account do not accrue interests.
6. Course Booking, Management and Fees:
6.1. Booked courses represent an agreement between the School and Account Holder and shall be subject to the School Terms and Conditions.
6.2. Lessons will only be confirmed as booked on confirmation of payment to LanguageRoom, and shall be recorded as such on the Booking System
6.3. Completion of Courses is the responsibility of the School and the Account Holder as per the School Terms and Conditions.
6.4. Course Fees will be listed and updated on the website, and the Course Fees payable and the Website Terms and Conditions applicable shall be those in force at the time of booking. Course Fee changes will not affect lessons already booked.
6.5. Subject to the Parties’ rights to dispute resolution as per the School Terms and Conditions, Courses fees will be debited from the LanguageRoom Account on a lesson-by-lesson basis at the commencement of each booked lesson as recorded in the Booking System, regardless of either party attending the lesson.
7. Disputes:
7.1. In the event there is a dispute between the School and Account Holder regarding the provision of School Services:
7.1.1. the disputing party shall inform LanguageRoom of the disputed lesson by means of the completion of relevant form available in the downloads section of the Website. The notification shall include clear and unequivocal information about the complainant’s identity and details of the events giving rise to the complaint
7.1.2. the parties shall collaborate to resolve the dispute at the earliest possible as per the School Terms and Conditions,
7.1.3. the parties shall notify LanguageRoom through the completion of relevant form available in the downloads section of the Website, the outcome of the dispute.
7.2. In the event of a dispute between the School and Account Holder, LanguageRoom will make accessible to the Account Holder a detailed transaction record. Such information will also be made available to a legitimate third party (e.g. a judge or court or arbitrator) if LanguageRoom so requires.
7.3. In the event a dispute is resolved in favour of the Account Holder, the lesson fee will be refunded to the LanguageRoom Account.
7.4. In the event there is a complaint between the Account Holder and LanguageRoom with regards to LanguageRoom Services, which cannot be resolved amicably, the Parties may resolve to arbitration proceedings, to be carried in Malta by one arbitrator, in accordance with the Malta Arbitration Act, 1996 and the Arbitration Rules of the Malta Arbitration Centre as at present in force. The language of arbitration shall be English.
8. Refunds and Cancellation Policy:
8.1. Refunds for lesson fees already debited from the LanguageRoom Account will only be possible if a dispute has been resolved in favour of the Account Holder and proper notification is made to LanguageRoom.
8.2. In the event a Refund is to be effected, LanguageRoom shall charge an administrative fee of 10% to cover any costs as charged by the Payment Service Provider for the transaction.
8.3. Account Holder shall, within 15 days of a booking, have the right to cancel a booking and incur a 10% Administration Fee to cover any other costs as charged by the Payment Service Provider. This right shall be forfeited should the first schedule lesson be booked to be provided before the end of the 15 day period.
8.4. LanguageRoom shall not refund to an Account Holder any lesson fees should a User not attend a booked lesson, without having agreed to a change with regards to the scheduled time of the lesson with the School and recorded accordingly in the Booking System.
9. LanguageRoom’s Reservations:
9.1. LanguageRoom reserves the right, to be exercised at its own discretion, to:
9.1.1. Decline to open a LanguageRoom Account and/or to close an existing LanguageRoom Account, without providing any explanation whatsoever;
9.1.2. Decline to accept deposits, without any explanation whatsoever;
9.1.3. Suspend and, or cancel the provision of the Services to any Account Holder as well as the participation of such Account Holder in promotional activities and, or competitions, whenever LanguageRoom is of the opinion that there are legitimate concerns that a LanguageRoom Account is, has been or may be used for illegal, fraudulent or dishonest practices or that information provided by such LanguageRoom Account Holder is false or incorrect.
9.1.4. Request information and, or documents from any Account Holder for the purpose of verifying the identity, age or other relevant personal information relating to the User/Account Holder or the authority of the Account Holder to make use a specific Card.
9.1.5. Manage and transfer, without prior notice, data regarding any LanguageRoom Account Holder to any LanguageRoom Group Company, subject to the obligation of LanguageRoom to ensure that the said data at all times is transferred and managed in accordance with applicable legislation, in particular with that relating to data protection.
9.1.6. Transfer and, or license, without prior notice, the rights and the liabilities regarding any Account Holder to any other LanguageRoom Group Company, subject to LanguageRoom guaranteeing that such liabilities will be honoured.
9.1.7. Hold and manage funds belonging to Account Holders with a reputable institution and in accordance with applicable legislation and generally accepted guidelines for cash management regarding such funds.
9.1.8. Entrust a Financial Institution and, or a Payment Solution Provider to hold and manage funds belonging to Account Holders in the name of and/or for the benefit of such Account Holders;
9.1.9. Forfeit and/or confiscate funds available on a LanguageRoom Account and/or refuse to honour a claim, in the event that, directly or indirectly, the Website Terms and Conditions have been violated and/or other unauthorised activities have occurred in connection with a lesson and/or the operation of a LanguageRoom Account. This is subject to any of the said events being in connection with the LanguageRoom Account and/or the claim in question.
10. Disclaimer:
10.1. Account Holders who wish to obtain advice regarding tax and legal matters are advised to contact appropriate advisors and, or authorities in the jurisdiction in which they are domiciled and, or resident.
10.2. LanguageRoom does not acknowledge or accept any liability whatsoever for damage to an Account Holder and, or a third party caused directly and, or indirectly due to any:
10.2.1. Mistake, misprint, misinterpretation, mishearing, misreading, mistranslation, fault in reading, transaction error, technical hazard, registration error, manifest error, Force Majeure and, or any other similar event;
10.2.2. Violation of these Website Terms and Conditions;
10.2.3. Criminal Actions;
10.2.4. Advice provided by LanguageRoom;
10.2.5. Variances in exchange rates; and, or
10.2.6. Legal actions and/or other remedies.
10.3. The information on the Website may contain inaccuracies or errors, including pricing errors. In particular, LanguageRoom and LanguageRoom Group Companies do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the courses displayed on the Website (including without limitation, the pricing, course content and general information on the Schools) much of which information is provided by the respective Schools. In addition, LanguageRoom expressly reserves the right to correct any pricing errors on the website and/or on pending booking made under an incorrect price. In such even if available, LanguageRoom will offer the Account Holder the opportunity to keep the pending booking at the correct price or will cancel the booking without penalty.
10.4. LanguageRoom and LanguageRoom Group Companies make no representations about the suitability of the information contained on the Website for any purpose, and the inclusion or offering of any courses by Schools does not constitute any endorsement or recommendation of such service by LanguageRoom. All such information is provided “as is” without warranty of any kind. LanguageRoom and LanguageRoom Group Companies disclaim all warranties and conditions that the Website, and LanguageRoom Services or any email sent from LanguageRoom and LanguageRoom Group Companies are free of viruses or other harmful components. The LanguageRoom and LanguageRoom Group Companies hereby disclaim all warranties and conditions with regard to this information including all implied warranted and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
10.5. The Schools providing the courses are independent contractors and not agents or employees of LanguageRoom and LanguageRoom Group Companies. LanguageRoom and LanguageRoom Group Companies are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such School or for any personal injury, death, property damage or other damages or expense resulting therefrom.
10.6. It is agreed that the relationship between the School and LanguageRoom is that of independent contractors, and nothing contained in this Agreement shall be construed or implied to create the relationship of Licensees, joint ventures, agent and principal, employer and employee, or any relationship other than that of independent contractors. At no time shall either Party make any commitments or incur any charges or expenses for or in the name of the other Party, save and except as set out herein.
10.7. LanguageRoom do not claim any intellectual property right related to their name and image which are used for the strictly necessary means of the businesses activity. The Website may contain hyperlinks to websites operated by third parties. Such hyperlinks are provided for reference purposes only and LanguageRoom does not control such websites. The inclusion of any hyperlink to such websites does not imply any endorsement of the material on such websites or any association with their operators.
10.8. LanguageRoom shall not be responsible for the following:
10.8.1. the transmission and/or reception of any data and/or information on the net,
10.8.2. all dysfunction of the network preventing the good progress of any lesson,
10.8.3. failure of any material of reception or communication circuit,
10.8.4. the loss of any data,
10.8.5. any damage caused by a virus, computing bog, technical failure,
10.8.6. any damage caused to the material of the User,
10.8.7. any failure preventing or limiting the possibility to participate to a lesson or a failure that has damaged the User’s system
10.8.8. the conduct of Users and of the Teachers
10.9. Furthermore, LanguageRoom shall not be responsible for:
10.9.1. the list of courses and the accuracy of the information on the courses
10.9.2. the provision of the courses
10.9.3. the courses contents
10.9.4. the employment of teachers.
11. Security Rules:
11.1. LanguageRoom upholds strict confidentiality regarding all relations with an Account Holder. Data relating to a LanguageRoom Account or an Account Holder will only be disclosed as may be required by an authority established by law, such as in the course of an investigation.
11.2. An Account Holder is given a personal account number. The Account Holder will choose a password and a username. It is the Account Holder's own responsibility not to share this information. If the Account Holder has reason to believe others may have had access to this information, the Account Holder should immediately contact LanguageRoom's Customer Service and a new password will be issued.
11.3. All telephone and internet communications between Account Holders and LanguageRoom may be recorded for security, training purposes and/or accounting purposes.
11.4. Card deposits may, from time to time, be partially and, or fully declined subject to certain security systems managed in collaboration with a Payment Solution Provider and, or a Financial Institution. Such security measures may decline legitimate Cards, which nevertheless, at a particular time, may not be possible to process. LanguageRoom does not control the said systems, nor do they have any knowledge of the reasons for any deposits being declined.
11.5. LanguageRoom may request documents to verify the identity and, or authorisation to use a specific Card, and, or other facts provided by the Account Holder before expediting deposits and, or withdrawals. This may cause slight delays. From time to time, chargebacks, are received and these will be treated as per LanguageRoom internal procedure.
11.6. The use and abuse of a software malfunction in any of the software provided on LanguageRoom platform is illegal. The Account Holder detecting a software malfunction must inform LanguageRoom as soon as the software malfunction is discovered, by contacting LanguageRoom on support@languageroom.com. LanguageRoom shall take all necessary measures in case of a use and, or abuse of a software malfunction by a Account Holder by blocking the LanguageRoom Account, freezing funds and/ or taking legal action.
11.7. LanguageRoom shall not be required to maintain login details of Account Holders. LanguageRoom shall not be responsible for any abuse or misuse of the LanguageRoom Account by third parties due to Account Holder disclosure, whether intentional or accidental, whether active or passive, of the login details to any third party.
11.8. LanguageRoom shall take all reasonable steps to ensure that LanguageRoom's approved computer system enables a User whose participation in a lesson is interrupted due to failure of the LanguageRoom’s computer system to resume his or her participation in that lesson. If in this scenario, resumption is not possible, LanguageRoom shall:
11.9.1. ensure that the lesson is terminated; and
11.9.2. refund the amount of the lesson to the Account Holder by placing it in the Account Holder’s Account.
11.9. In the event interruption is not due to failure of LanguageRoom’s computer system, but either due to the User’s computer system, or the Teacher’s own computer system, then a refund shall not be due, and a dispute resolution procedure as per the School Tersm and Conditions should be followed by the parties.
12. Miscellaneous:
12.1. All references in the Website Terms and Conditions to the singular shall include the plural and vice versa, and all references to "the" shall include "a/an" and vice versa.
12.2. In the event that any provision of the Website Terms and Conditions is or becomes illegal, invalid or unenforceable, that provision shall be ineffective to the extent of such illegality, invalidity or unenforceability only, without in any way affecting the validity or enforceability of the remaining provisions of the Website Terms and Conditions.
12.3. The Website Terms and Conditions constitute the entire agreement between the Account Holder and LanguageRoom with respect to the LanguageRoom Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between the Account Holder and LanguageRoom.
13. Applicable Law:
13.1. These Website Terms and Conditions are governed by the Laws of Malta.
14. Privacy Policy:
14.1. General
14.1.1. LanguageRoom is registered with the Office of the Data Protection Commissioner, and manages data regarding Account Holders in accordance with the Data Protection Act, other relevant regulations, legal notices and/or similar at the Place of the Contract taking account of the Data Protection Directive (EC Directive 95/46/EC) and the Electronic Communications Privacy Directive (EC Directive/2002/58/EC).
14.2. Personal Information
14.2.1. Personal data collected on Account Holders will not be disclosed to third parties, unless such disclosure is necessary for processing of Account Holders’ requests in relation to the Services or unless it is required by law. LanguageRoom reserves the right to disclose personal data to relevant recipients when LanguageRoom has reasonable grounds to suspect irregularities that involve a LanguageRoom Account.
14.2.2. When an Account Holder makes a booking for a User other than the Account Holder self, personal data will be collected also on the User. The Account Holder shall be responsible for getting the necessary consent of the User prior providing the personal data a any access to view or change of the data will be available only through the LanguageRoom Account.
14.2.3. Personal data is collected by LanguageRoom when Account Holders register with the Website for the provision of Service and each time an Account Holder uses the Services.
14.2.4. The Account Holder has the right to require access to the Account Holder’s own personal data and/or has the right to correct and/or erase wrong and/or inappropriate data.
14.3. Data Sharing, Processing and Disclosure
14.3.1. Personal Data shall be:
14.3.1.1. processed in accordance with the rights of the Account Holder concerned;
14.3.1.2. processed fairly and lawfully;
14.3.1.3. obtained only for a specific and lawful purpose;
14.3.1.4. adequate, relevant and not excessive to its purpose;
14.3.1.5. accurate and updated;
14.3.1.6. kept in a secure manner;
14.3.1.7. not kept longer than is necessary for its purpose;
14.3.1.8. not transferred to jurisdictions not adhering to the aforementioned Directives; and
14.3.1.9. only utilised for marketing purposes based on the opt-in principle.
14.3.2. LanguageRoom reserves the right to process personal data:
14.3.2.1. to provide the services requests
14.3.2.2. to provide confirmations of courses booked
14.3.2.3. to manage the LanguageRoom Accounts, including processing payments;
14.3.2.4. to communicate with Account Holder in general;
14.3.2.5. for customer support purposes and resolution of disputes;
14.3.2.6. to prevent potential prohibited or illegal activities;
14.3.2.7. to enforce the Website Terms and Conditions.
14.3.3. However, only Account Holders that have agreed to receive marketing material will be sent any direct marketing communications.
14.3.4. LanguageRoom does not rent, sell, or share personal information about Account Holders with other people or non-Group Companies except to provide the services requested by Account Holders or when LanguageRoom has the explicit consent of the Account Holders.
14.4. Cookies:
14.4.1. The LanguageRoom website works by using cookies for the following purposes:
14.4.1.1. To identify the Account Holder’s preferences when the Account Holder returns to LanguageRoom
14.4.1.2. For analysis of LanguageRoom website traffic to allow us to make suitable improvements
14.4.2. Please be aware that it is not possible to use the Site without cookies. If additional information about LanguageRoom’s use of cookies is required, please email LanguageRoom on support@languageroom.com.
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