INLINGUA TERMS OF USE
INTRODUCTION
These terms and conditions govern your use of this Website; by using this Website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Website. This Website uses cookies. By using this Website and agreeing to these terms and conditions, you consent to our inlingua International AG’s use of cookies following the terms of inlingua International AG’s privacy policy/cookies policy.
LICENSE TO USE WEBSITE
Unless otherwise stated, inlingua International AG and its licensors own the intellectual property rights on the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages or other content from the Website for your personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:
republish material from this Website (including republication on another website);
sell, rent, or sub-license material from the Website.
show any material from the Website in public.
reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose.
edit or otherwise modify any material on the Website, or
redistribute material from this Website except for content specifically and expressly made available for redistribution.
ACCEPTABLE USE
People cannot use this Website in any way that causes or may cause damage, impairment of the availability or accessibility, in any unlawful, illegal, fraudulent or harmful, or connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You cannot use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or concerning this Website without inlingua International AG’s express written consent. You must not use this Website to transmit or send unsolicited commercial communications. You must not use this Website for any purposes related to marketing without inlingua International AG’s express written consent.
NO WARRANTIES
We consider this Website “as is” without any representations or warranties, express or implied. inlingua International AG makes no representations or warranties about this Website or the information and materials provided on this Website. Without prejudice to the generality of the preceding paragraph, inlingua International AG does not warrant that:
this Website will be constantly available, or available at all; or
the information on this Website is complete, true, accurate, or non-misleading.
Nothing on this Website either constitutes or means to constitute advice of any kind.
LIMITATIONS OF LIABILITY
inlingua International AG will be liable to you neither under the law of contract nor the law of torts) concerning the contents of, or use of, or otherwise in connection with, this Website:
to the extent that the Website is provided free-of-charge, for any direct loss.
for any indirect, special, or consequential loss; or
Any business losses include loss of revenue, income, profits or anticipated savings, contracts or business relationships, reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if inlingua International AG advised of the potential loss.
EXCEPTIONS
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit inlingua International AG’s liability in respect of any:
death or personal injury caused by the inlingua International AG’s negligence.
fraud or fraudulent misrepresentation on the part of inlingua International AG or
Matter which it would be illegal or unlawful for inlingua International AG to exclude or limit, or to attempt or purport to exclude or limit, its liability.
REASONABLENESS
Using this Website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website.
OTHER PARTIES
You accept that inlingua International AG is interested in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against inlingua International AG’s officers or employees regarding any losses you suffer in connection with the Website. Without prejudice to the previous paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect inlingua International AG’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as inlingua International AG.
UNENFORCEABLE PROVISIONS
Suppose any of this Website’s provisions are unenforceable or held enforceable, liable the disclaimer of its conditions under applicable Massachusetts law. In the case of partial invalidity of these terms, you and inlingua International AG agree to replace the invalid representation and regulations that conform best to the purpose of the invalid term item.
Indemnity
Any breach arises by you of any provision of these terms and conditions, you indemnify inlingua International AG and undertake any losses, damages, costs, liabilities, and expenses incurred or suffered by the inlingua International AG.
BREACHES OF THESE TERMS AND CONDITIONS
Suppose you breach these terms and conditions in any way, inlingua International AG may take actions deems appropriate. These include but are not limited to suspending your access to the Website, prohibiting you from accessing it, blocking computers using your IP address, contacting your internet service provider to request stopping access to the Website. inlingua International AG can file a court proceeding against you without prejudice to them.
VARIATION
The inlingua International AG may revise these terms and conditions from time to time. Revised terms and conditions will apply to this Website’s use from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.
ASSIGNMENT
inlingua International AG may transfer, sub-contract, or otherwise deal with inlingua International AG’s rights or obligations under these terms and conditions without notifying you or obtaining your consent. Under these terms and conditions, you may not transfer, sub-contract, or otherwise, deal with your rights or obligations.
SEVERABILITY
Suppose any court or other competent authority determines a provision of these terms and conditions to be unlawful and unenforceable. In that case, the other provisions will continue in effect if any unenforceable or illegal provision would be lawful or enforceable if you delete part of it. If deemed, inlingua International AG will delete it, and the rest of the provision will continue in effect.
ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between you and inlingua International AG concerning your use of this Website and supersede all previous agreements regarding the Service.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed following Massachusetts law. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Massachusetts.
POLICY & PRIVACY
PREAMBLE
These standard terms and conditions for the delivery of Online Learning Services (“Terms”) shall exclusively apply, save as varied by express agreement accepted in writing by both parties.
inlingua International Ltd. (“inlingua”) offers Online Learning Services (“Services”) provided to users (“User”) through a local inlingua center (“Center”) or directly. The Terms and conditions govern what inlingua’s Online learning Services are and how they are delivered. Additionally, the Terms govern the privacy of the data submitted by the users to obtain the Services.
For services booked and delivered at the Center the general terms & conditions of the Boston Center apply in addition to the Terms and will be distributed to the “User” directly. In case of conflicting provisions between the Terms and the general terms & conditions of the Boston Center, the provision of the Terms shall take precedence unless explicitly stated otherwise in the Terms.
ACCESS TO SERVICES AND PLACE OF PROVISION OF SERVICES
The use of the Services usually takes place exclusively online. Users have a free choice of location for language learning services. inlingua Boston can combine the offer with additional local services.
USE OF SERVICES
To access the Services, the User must register, and book following the instructions of the Center or as described on the inlingua Website. Each User will be assigned a personal login and password, which allows them to access the Services.
Using their login and password, the User can access the Services 24 hours a day, seven days a week. inlingua and its providers may need to interrupt the Services or part of the Services for maintenance work. The User accepts this temporary lack of access to the Services without any compensation whatever.
inlingua cannot be held responsible in any way in the case of difficulty in accessing the Services if the User does not have the minimum technical requirements as described on the inlingua Website at their disposal.
CONFIDENTIALITY – PROTECTION OF PERSONAL PRIVACY
inlingua Boston and inlingua International AG comply with the European Union General Data Protection Regulation (officially Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of the natural person concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) and the Swiss Federal Act on Data Protection which regulates the processing of personal data within the European Union and Switzerland.
inlingua will make all reasonable efforts to ensure that the Services put at the User’s disposal meet technical standards and security norms. To safeguard the confidentiality of the User’s personally identifiable information, inlingua and its partners utilize sophisticated security techniques and procedures, including daily security and vulnerability scans, software audits, firewalls, and data encryption (Secure Socket Layers). inlingua makes every effort to protect that data against loss and unauthorized access.
In general, inlingua cannot be held responsible for any direct or indirect damage, accidents, compensation by way of sanction, secondary injury, inevitable damage, or any other prejudice whatsoever, in particular damage incurred as a result of loss of use or data relating to the use of the Services, nor delays relating to the use of the internet site or the impossibility of using the internet site.
If a User ever discovers a fraudulent charge from inlingua on their billing statement, please contact inlingua (see contact details below in clause 21). The User must report such an Account immediately to their credit card provider, under their standard procedures.
Despite these security procedures and practices, as is the case with all computer networks connected to the Internet, inlingua cannot guarantee the security of the User’s personal information or any other information provided over the Internet and will not be responsible for breaches of security.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, inlingua cannot guarantee its absolute security.
PROTECTION OF CHILDREN’S INFORMATION
inlingua is committed to protecting the privacy of children. This Website and all of inlingua’s Websites are general audience sites and not designed or intended to attract children under 18. inlingua does not knowingly collect or solicit personal information from any person inlingua knows is under the age of 18, nor does inlingua send them requests for personal data unless inlingua first obtain permission from that child’s parent or legal guardian.
REGISTRATION AND PERSONAL PROFILE
When registering online, the User agrees to provide true, accurate, up-to-date, and complete personal information as required in the registration form. In particular, the User agrees not to create a false identity. The User agrees to update as necessary from time to time the details given at the time of registration without delay.
The rights of access to and use of the Services are strictly personal and non-transferable. We recognize users by an identifier and a password for which they are entirely responsible. The User agrees to keep the constituent parts of the identifier secret and not divulge them to anyone.
When we ask the User for personal information, the requested information is necessary for the performance of inlingua’s Services. In particular, inlingua respects the User’s privacy and does not sell, rent or trade the User’s name or personal details to other organizations or use them for marketing purposes. Let’s ask the User for personal information for another purpose (s). Inlingua will do so only if the User has given consent to processing their data, or inlingua will inform about the basis of the lawfulness of the processing.
inlingua will post the Users’ name, last name, username, password, email, phone, gender, date of birth, country (code), city address, province, region, interface language (legend), time zone, skype id on their profile (if provided). These data will be available only to the administrator or a company supervisor.
inlingua uses the collected information to:
- Deliver the Services and products that the User has requested and tailor them to the User’s needs (billing, identification, and authentication).
- Manage the User’s Account and provide the User with customer support.
- Contact the User about their use of the Services, Doe research,
- Generally, improve the content and functionality of the Services and the Website
- Enforce inlingua’s terms and conditions.
- Manage inlingua’s business.
- Perform functions as otherwise described to the User at the time of collection.
ACCESS TO PERSONAL INFORMATION
If the User’s personally identifiable information changes or no longer desires the Services, the User may correct or amend some of their personal information by changing the User’s account information page. The User can ask to delete their Account by contacting inlingua’s Customer Support or the local Center. If we delete any user account upon their request, no refunds become due for Services not consumed. We cannot retrieve user data at a later date. inlingua will retain the User’s information for as long as the User’s Account is active or as needed to provide Services to the User, comply with inlingua’s legal obligations, resolve disputes, and enforce inlingua’s agreements. The User’s Account remains active even if the User’s subscription to inlingua’s paid Services has expired.
WHO INLINGUA SHARES THE USER’S INFORMATION WITH?
inlingua may provide the User’s personal information to companies that offer services necessary for inlingua for its business activities, such as processing the User’s payment or offering customer service. These companies are authorized to use the User’s personal information only as necessary to provide these services to us.
inlingua may give the User’s personal information to the local Center operating close to or in your location area.
We ensure the quality of Services of inlingua by providing the User’s placement, progress and achievement tests, and the activity results to create pedagogical reports for the inlingua trainer assigned to the User.
If the law requires, inlingua may disclose the User’s personal information to comply with a subpoena or similar legal process. When and in good faith that inlingua believes that disclosure of personal data is necessary to protect its rights, the User’s safety, or the safety of others, investigate fraud or respond to a government request.
Suppose inlingua is involved in a merger, acquisition, or sale of all or a portion of its assets. In that case, inlingua will notify the User via email and a prominent notice on our website of any change in ownership or uses of the User’s personal information and any choices the User may have regarding their personal information.
inlingua may also disclose the User’s personal information to any other third party with the User’s prior consent to do so.
USE OF COOKIES
Portions of this Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies,” which are text files placed on a computer, to help the Website analyze how Users use the site. Generated information by the cookie about the use of the Website (including IP address) will be transmitted to and stored by Google on servers in the United States.
Google will use this information to evaluate the use of the Website, compiling reports on Website activity for Website operators and providing other services relating to Website activity and internet usage. Google may also transfer this information to third parties where required to do so by law or where such third parties process the information on Google’s behalf. Google will not associate the IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on the browser. Using this Website, users consent to processing their data by Google in the manner and for the purposes set out above. The User can deactivate Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on.
LOG FILES
inlingua gathers certain information automatically and stores it in log files. This information includes but is not limited to internet protocol addresses and browsers, internet service provider, referring/exit pages, operating system, date/time stamp, and clickstream data. Occasionally, inlingua may connect personal data to information gathered in inlingua’s log files to improve the Service to individual Users. Otherwise, inlingua mainly uses this information with no connection to individual Users to analyze trends, administer the Website, or track usage of various features within the Website.
ABUSIVE BEHAVIOR
Suppose a User shows disrespect to the participants of the online educational Services or demonstrates any aggression towards the trainer or other learners. In that case, they will be immediately denied access to internet Service without the right of refund.
LINKS TO OTHER WEBSITES
The inlingua Website contains links to other sites. inlingua is not responsible for the privacy practices of such other sites. inlingua encourages the Users to be aware when leaving inlingua’s Website and to read any website’s privacy statements that collect personally identifiable information. This privacy statement applies only to information collected by the inlingua Website.
TESTIMONIALS
inlingua may post User testimonials on its website, which may contain personally identifiable information. Publication of testimonials is subject to the User’s prior written consent. If you wish to have their testimonial removed, they shall contact inlingua’s Customer Service (see contact details clause 21 below).
COMMUNICATIONS FROM THE WEBSITE
The User may at any time unsubscribe from any promotional email sent from the inlingua Website by simply clicking on the unsubscribe link included at the bottom of each such email inlingua sends.
inlingua will send to the User strictly service-related announcements when it is necessary to do so. For instance, if we suspend the services for maintenance, inlingua might send the User an email.
Generally, the User may not opt-out of these communications, which are not promotional, if the User does not wish to receive them. They have the option to deactivate their Account.
CONTENT OF SERVICES
inlingua describes its educational Services on the Website www.myinlinguaboston.com.
ENFORCEMENT
inlingua will continuously monitor its privacy practices and continued compliance with the Directive (see above clause 7) and the Terms.
CHANGES TO THE PRIVACY POLICY
Suppose inlingua makes any material changes to these terms and conditions. In that case, inlingua will notify the User by email or posting a prominent notice on the Website before the change becomes effective. inlingua encourages the User to periodically review this page for the latest information on inlingua’s privacy practices.
CONTACT INLINGUA
For privacy practices, please contact inlingua at inlingua International Ltd, Belpstrasse 11, CH-3007 Bern Switzerland, Tel.: +41 (0)31 388 77 or inlingua Language School of Boston.
PROTECTION OF INTELLECTUAL PROPERTY
The User at this moment agrees that inlingua is the sole owner of the inlingua teaching materials and that the same, at all times, shall be and remain in the sole and exclusive property of inlingua. The User does not acquire any right, title, interest, or claim of ownership in such inlingua teaching materials because of using inlingua’s Online Learning Services. The User agrees not to record and publish the Online Learning Sessions.
LAW AND JURISDICTION
These Terms will be governed by and construed following Swiss law.
Any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of Berne/Switzerland.
