LingoLearn – Terms of Use and Site Regulations

LingoLearn.com is an Internet site that teaches languages online. The site provides teachers and students with an online teaching platform.

All lessons are performed as live video conferences, and all that entails.

The following terms govern access and use of the site. Accessing or using the website constitutes consent to these terms of use, and/or to updated terms of use. If you do not accept these terms of use, please cease from using the site immediately.

These terms of use are subject to the orders of the sales contract. In any case of inconsistency between the purchase agreement and these terms of use, the terms and stipulations of the sales contract will prevail.

Between: LingoLearn LTD.  Dealer Number: 515237501

E-mail address:  info@lingolearn.com   

(Hereinafter: “LingoLearn” or “The Site”).

And:

See client details in e-mail to which this contract is attached

(Hereinafter: “The Client” or “The Student”).

Whereas The Client has been offered a package of lessons;

And whereas The Client has agreed to purchase the above-mentioned package;

It has accordingly been declared, agreed and stipulated as follows

1. The introduction to this contract and the appendix are integral parts of the contract; By using the site, the client shows his agreement to the content in the contract and the appendix.
2. Service Description
   1. The Client hereby purchases a package of private lessons/ group course {hereinafter “The Package”} at www.lingolearn.com. 
   2. Package details can be found on the sales receipt sent to The Client. A copy of the sales receipt has been sent together with this contract.
3. Cancellation
   1. Cancellation within 30 days of the transaction: The Client may cancel the purchase, within 30 days of the transaction, for any reason. Notification of such a cancellation will be done in writing/e-mail and must be sent within 30 days of the original transaction. Cancellation within the 30 day period will entail a service charge of 5% of the total price of the package.
      For purposes of clarification, The Client will be charged for any lessons that take place within the 30 day period, prior to cancellation.
      The price of every lesson will be calculated according to the relative price of a single lesson in the package, including VAT where applicable.
      In addition, a new client that has not had a trial lesson before purchasing a course and that cancels the course immediately after the first lesson (during the first 30 day period) is completed, may do so and receive a full refund, except for the price of the lesson completed, without any additional cancellation fee.
   2. Cancellation after the 30 day period: The Client may also cancel the transaction after the initial 30 day period and up to the absolute final date of completion of the course, as specified in the general terms of service as follows. In such a case, The Client will pay an agreed upon cancellation fee of 40% of the total price of the course, plus the price of every lesson performed prior to cancellation as stated in clause 3(a) above.    

Notification of such a cancellation will be done in writing/e-mail. The terms mentioned in this clause will not apply to group courses, in which cancellation after the 30 day period will not be accepted.

The Client hereby authorizes LingoLearn to deduct the cancellation fee from the total due refund in accordance with the above mentioned clauses 3 (a & b).

In any case of transaction cancellation, as stated in clauses 3 (a & b) above, The Client will receive the refund, according to the above mentioned terms, within 21 working days, from the date of receiving notification of the cancellation.   

Appendix to Sales Contract

General Terms of Service

1. After purchasing a package of lessons, The Client will be contacted by LingoLearn and a regular date (day and time) will be scheduled for the lessons. The lessons will be executed once a week, unless otherwise mutually agreed.
   In addition, a technical systems test will be scheduled if necessary. If such a test is required, lessons will not be scheduled prior to the test.
2. The absolute final date for completion of the course is calculated according to the following formula from the date of the first lesson: number of lessons*1.5 weeks. {For example: if a client purchases 10 lessons and the first lesson is on the 1^st of January, the final date for completion will be after 15 weeks, i.e. 15 April. Note, that if all lessons are executed as scheduled, then the course would end on the 4^th of March.}
   This date takes into consideration cancellations and postponements of lessons by The Student. If course completion is postponed on the part of the teacher or LingoLearn, the absolute final date for completion will be extended accordingly.
   It is hereby clarified, that lessons not carried out by this date, will not be refunded or made up.
   In addition, The Student may request to put the course on hold for a maximum of 90 days, in special circumstances (long vacation, sick leave, etc.). Such a request must be made in advance and in writing/e-mail. The approval and duration of the temporary halt of lessons is subject to the sole discretion of LingoLearn. For purposes of clarification, students may not request to put their course on hold retroactively, in other words after the deadline.
3. A link to the virtual classroom will be automatically sent to The Client approx. 10 minutes before the lesson begins. If the link does not arrive, it is The Client’s responsibility to contact either the teacher (telephone, email, or Skype) or the site (help@lingolearn.com  ), in order to get the link.
   It is highly recommended to enter the class as soon as you get the link in order to solve any possible technical problems before the lesson begins.
4. The Client is hereby kindly requested to arrive on time to the lessons. For purposes of clarification, the lesson will last one hour only, which will be counted from the scheduled starting time, even if The Client fails to arrive on time.  If as mentioned above, The Client fails to show up on time, the lesson will not be made up, and the loss of learning time will befall on The Client.
   The teacher is instructed to leave the class if the students do not log on 20 minutes from the beginning of the class. Therefore, arriving after 20 minutes will lead to lesson cancellation without refund.
5. Lesson cancellation and postponement:
   If the student wants to cancel/postpone a lesson, he must notify the teacher/Lingolearn of this at least 24 hours in advance of the scheduled lesson. Lessons postponed/cancelled by The Student more than 24 hours in advance will be made up.
   If a private lesson is cancelled less than 24 hours before the scheduled date and time, the student will be charged for the lesson and the lesson will not be made up, except for rare cases that are subject to the sole discretion of LingoLearn.
   Without limiting the generality of the foregoing, it is hereby clarified that in any case, The Student will be charged for a lesson cancelled by The Student less than 2 hours before the scheduled lesson, and the lesson will not be made up.
   In the case of cancellation for reasons that are beyond the control of The Client (site collapse, falling of servers, other technical problems on the part of LingoLearn or the teacher, religious/national holiday on the part of the teacher, etc.), the course completion date will be postponed, so as to enable the completion of the course; alternately, a make-up lesson will be scheduled at a date agreed upon by the teacher and The Client.
   It is hereby clarified that the above mentioned terms (clause 5) do not apply to group courses.
   If The Student does not show up to a group course, for any reason, he will be charged for the lesson and it is his responsibility to make up the material from the lesson using the materials provided by LingoLearn.
6. The Student is responsible for the proper functioning of his technical equipment (computer, internet connection, microphone and earphones) and it is his responsibility to make sure that his equipment is functioning properly before each lesson.  In the case of a technical problem with the above-mentioned equipment, The Student will notify LingoLearn about the problem, as soon as possible and try to locate alternate equipment. It is hereby clarified that a lesson that is cancelled or interrupted, due to technical difficulties on the part of The Student, will not be refunded or made up.
7. Transfer of services from The Client to a third party and changing the original language of the course to a different language are prohibited without the express consent of LingoLearn.
8. The student hereby acknowledges the possibility that the teacher with whom he started the course will not continue with him throughout the whole course and that this will be left to the sole discretion of LingoLearn (LingoLearn will of course do everything possible to avoid such circumstances). In addition, a substitute teacher will teach lessons when the regular teacher can’t make it to class.  In addition the student hereby acknowledges that the teacher who taught the trial lesson may not be the teacher who teaches the course itself. 
9. The Client is obligated not to use The Site in any way that violates the terms of use set forward by the site administrators and to use it only for purposes approved of by LingoLearn.
   The Client will abide by the laws and regulations including, but not limited to, those pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and copyright and trademark infringement and will not use The Site in any way apart from that which is approved of by LingoLearn.
   The Client obligates himself to use clean language during the online lessons and treat his teacher with proper respect. It is hereby clarified that if the student fails to treat the teacher with the proper respect Linglearn is authorized to cancel the course without any refund. The student is also kindly requested to report any miss treatment on the part of the teacher, or any other irregular or otherwise problematic event, in a timely manner, in order to allow Lingolearn to deal with the situation.
   In any case, The Site managers will not be held responsible for use that is in violation of the terms of use set forward by LingoLearn; nor will they be held responsible for any damages caused to The Client, or to any other clients as a result of such misuse.
10. The Site managers are committed to providing relevant and updated teaching materials that suit the course syllabus. However, The Site managers are not responsible, nor can they be held accountable for any inaccuracies thereof; Use of these materials is the sole responsibility of The Client. The Client hereby declares that he is aware that the materials taught on The Site might be inaccurate and that the Site managers will not be held responsible for such inaccuracies.
11. The Client is aware that some of the private lessons and all group lessons are recorded and monitored for purposes of quality control or after lesson practice.
    However, The Client acknowledges the fact that The Site administrators cannot monitor the course of each and every lesson delivered online, and will therefore not be held responsible for anything said or taught during the lessons.
12. The Site managers retain the right to make changes in The Site, the Terms of Use, the teaching materials and the virtual class, at any time and for any reason, without prior notice. The User hereby accepts this.
    It is hereby clarified that such changes may include changing a teacher during a course and the student hereby waives any future claims in this matter. For purposes of clarification, it is hereby stated that LingoLearn tries to avoid such changes wherever possible and that this clause pertains to rare cases only.
13. The User acknowledges the fact that the materials on The Site are the exclusive intellectual property of The Site managers and that they are not to be copied, published, distributed, or otherwise used in any way, without the prior consent of The Site managers in writing.
14. Illegal use of The Site and/or use that violates the Terms of Use of The Site will lead to The Client being blocked from using The Site without refund. The Client hereby waives any claims in advance in this matter.
15. The User agrees to indemnify and compensate The Site and/or its managers for any lawsuits, or damages, or loss, including legal expenses, incurred as a result of improper and/or illegal use.
16. By using the site, The Client gives his consent to receive informative and/or marketing materials, by way of electronic mail, from The Site.  If The Client is not interested in receiving such material, please notify LingoLearn by email.
17. This contract includes all agreements between the parties and any other stipulations that are not included in this contract are null.
18. This contract is subject to the laws of the state of Israel and to jurisdiction of the relevant Israeli courts of law.

* All of the policies formulated in this agreement are intended for male and female users alike and are written in masculine form, for convenience purposes only.