Kaizen Languages Terms & Conditions
Effective Date: 25 May 2018
General Terms and Conditions of Business
Welcome to Kaizen Languages! Kaizen Languages is an online learning system (“Kaizen Languages”) operated by AB Languages Limited, ( “AB Languages Limited”) with headquarters at AB Languages Limited, Kemp House, 152 - 160 City Road, London City Road London EC1V 2NX, under the internet domain www.kaizenlanguages.com, which you can use to improve your knowledge of languages. Kaizen Languages is available through mobile applications. Information on the service provided by Kaizen Languages is available at www.kaizenlanguages.com.
Unless explicitly stated otherwise, any new features that are added to the current Services, including the release of new tools and resources, shall be subject to these Terms.
By using our Services, you confirm that (i) you are at least 13 years old; and (ii) your use of the Services will not violate any applicable law or regulation in the province state, territory or country in which you reside.
2. REGISTRATION FOR SERVICES
You must register for an account by: (i) connecting through an available social media account (including, but not limited to Facebook and Google Plus); or (ii) providing a username, a valid email address and any other information we may require from time to time (“Account”). You are responsible for maintaining the confidentiality of your Account details and you are fully responsible for all activities that occur under your Account. Your Account must be used only by you and must not be shared with, or transferred to any other individual. You must immediately notify us via our Contact Us page of any suspected or actual, unauthorized or fraudulent use of your Account or any other breach of security.
Once you have an Account, you can create an online profile (“Profile”). When creating your Profile, you agree to (i) provide accurate, current and complete information; and (ii) be personally responsible for the information you provide in your Profile. We reserve the right to delete your Profile and suspend or terminate your Account if we, acting reasonably, suspect that any information you provide in your Profile is untrue, inaccurate or does not comply with our Terms.
We take your privacy very seriously. Any personal information you submit to us when setting up an Account shall be subject to our Privacy and Cookie Policies located at https://www.kaizenlanguages.com/privacy/ which are incorporated into these Terms. You understand that through your use of the Services, you consent to the collection and use (to the extent stated in the Privacy and Cookie Policies) of this information. You further understand, acknowledge and agree that any personal information you provide on your Profile is in the public domain and is provided at your sole liability. We accept no responsibility whatsoever for the use of any personal information you share on your Profile by you or any other individual.
4. COPPA COMPLIANCE
To the extent that the Children’s Online Privacy Protection Act 1998 is deemed to apply to us, this website is not aimed at children and does not seek to collect personal information from children under 13. You may request access and/or rectification of your data or data relating to your children at all times via our Contact Us page.
5. OUR CONTENT
Except for the User Content (defined below) all of the content available through the Services (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio and other media files, their selection and arrangement, materials and all other intellectual property rights) are owned by us or are licensed to us by a third party (“Our Content”). You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Services, as set out in clause 6. Our logo ‘Kaizen Languages’ is our registered trademark/service mark. To the extent that there are trademarks, service marks and/or logos from other organisations on our Website or Apps, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to our trademarks, service marks and logos or of the trademarks, service marks or logos of those other organisations.
6. YOUR LICENCE
Subject to your compliance with these Terms, we grant you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive access to use Our Content for the exclusive purpose of using the Services for your own personal, non-commercial use (“Licence”). Your Licence to use Our Content is restricted to use of the Software through interfaces provided by us to provide our Services, and it is a condition of the Licence that, except where permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to access the Apps or the Website by any means other than through the interfaces that are provided by us for use in accessing the Service.
7. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEB SITES
The Services may contain third-party owned content and links to other websites, including Facebook and Google Plus ("Third Party Websites"). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Third Party Websites. In addition, Third Party Websites are not under our control and we are not responsible for the content or privacy practices of the Third Party Websites, including, without limitation, links contained on Third Party Websites or any changes or updates to Third Party Websites. We may provide third party content and Third Party Websites to you only as a convenience, and the inclusion of such third party content and Third Party Websites is not an endorsement by us in favour of any third party. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through Third Party Websites. We have no responsibility for the content on Third Party Websites that you may find or access when using our Services. Content available on or through Third Party Websites may be protected by copyright and the intellectual property laws of any country.
8. POSTING INFORMATION AND USER CONTENT
We encourage you to participate in the process of creative learning and sharing in a spirit of joy, generosity and politeness by posting in the public areas of our Apps and Website and on your Profile.
We actively monitor User Content Posted via the Service and we reserve the right to remove any User Content that is Posted and is deemed by us in our reasonable opinion, or has been notified to us as being the following (“Inappropriate Content”):
Although we actively monitor and may pre-screen some User Content, Inappropriate Content may not come to, or be brought to our attention immediately. You acknowledge and represent that by using the Services, you may be exposed to Inappropriate Content. We accept no liability in any way for any Inappropriate Content Posted and available via the Services. We reserve the right (but not the obligation) in our sole discretion to refuse, move or delete any User Content we consider Inappropriate Content that is brought to our attention and breaches these Terms.
9. USER CONDUCT
You are entirely responsible for the User Content that you Post. We do not guarantee the accuracy, or integrity or quality of any User Content posted by other users. You represent and warrant that the User Content which you post and your use of the Services shall not:
You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server(s) on which our Services are stored or any server, computer or database connected to our Services. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of us, our users and the general public.
10. SUBSCRIPTION FEES
Kaizen Languages operates a subscription to access the Services.
Premium Contracts are available according to current offers as subscription or one-off purchases. Billing type, prices and term are defined in each offer and are summarized prior to the end of the order process. The contract for ordering Premium products becomes binding by pressing the “Purchase” button.
Premium Contracts with subscriptions are concluded for the time specified in the individual order. For a new Contract payment for the terms is charged on the first day of the new term. After each subscription term, the contract renews itself automatically according to the term agreed upon (e.g. 1, 3, 6 or 12 months), unless the User cancels the service before the term runs out. The full invoice amount of each renewal term will be charged on the first day of the renewal.
Premium contracts with a subscription term that were concluded via www.KaizenLanguages.com can be terminated by email to account@KaizenLanguages.com.
Premium contracts with subscription term that were concluded via the Apple App Store or the Google Play Store have to be terminated via the Apple App Store or the Google Play Store for technical reasons. Termination must occur no later than 48 hours before the extension of the subscription.
AB Languages Limited has the right to cancel Premium Contracts at any time without giving reasons with the termination taking effect at the end of the respective term. Basic functions may be terminated at any time.
Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, the first billing day will be the day after the free trial expires. E.g for 7 day free trial the billing day will be the 8th day. However, no charges will be made if you cancel the subscription prior to the end of your free trial period. You may cancel your membership at any time by going to your account settings.
11. CANCELLATION AND REFUND OF SUBSCRIPTION
You can keep track of your subscription by locating your settings page on your Profile, selecting the ‘Account’ tab which will display the expiry date of your subscription. You may cancel your subscription at any time by locating your settings page on your Profile, selecting the ‘Account’ tab and selecting ‘Cancel Subscription”.
You also have a legal right under the Consumer Contracts Regulations 2013 to change your mind, without giving us a reason, and cancel your subscription within fourteen (14) days of the date you activated your subscription in order to receive a refund. If you want to cancel your subscription within this fourteen (14) day period, you can do so via our Contact Us page, or writing to us at our service address stated at the front of these Terms. Once we have received your notice to cancel, we will downgrade your subscription to the free account.
Please note that the refund options stated above do not apply to Renewals. Also, we do not offer refunds or partial refunds outside of the refund options stated above. Any refund requested will result in payment being made into the account you used to pay the Fees within fourteen (14) days.
12. DELETING YOUR ACCOUNT
You can delete your account and terminate your use of the Services at any time by locating the ‘delete profile’ option in the settings section of your Profile. Once you have deleted your Account, your Licence will be revoked and you will no longer have access to your Profile and we will delete all of the information contained in your Profile. Please be aware that due to technical reasons beyond our control, it might take some time until your personal information disappears completely from search engines (such as Google). We accept no liability for deletion of information or content from your Profile. You acknowledge and accept that certain User Content may remain after the cancellation of your Profile and that the User Content Licence shall not be revoked or terminated. If you have an active subscription when you delete your Account, you will not receive a refund for any time remaining on your subscription.
13. TERMINATION OF YOUR ACCOUNT BY US
We reserve the right to modify, temporarily suspend or permanently delete your Account and terminate your access to the Services if we have reason to believe that you have breached or acted inconsistently with the Terms. Following termination, your Licence will be automatically revoked and we reserve the right to delete your Account, erase all or any information on your Profile and discard any of your User Content. You agree that we shall not be liable to you for any modification or discontinuance of the Service. Due to technical reasons beyond our control, it might take some time until your personal information disappears completely from search engines (such as Google). We accept no liability for deletion of information or content from your Profile. You acknowledge and accept that certain User Content may remain after the termination of your Account and that the User Content Licence shall not be revoked or terminated. If you have an active subscription when we terminate your Account, you will not receive a refund for any time remaining on your subscription.
14. NO REPRESENTATIONS OR WARRANTIES
We, our officers, employees, contractors, suppliers, affiliates, agents and licensors do not guarantee that our Services, or any content therein, will always be available, uninterrupted and free from bugs or viruses and you should use your own anti-virus software. You are responsible for configuring your information technology, computer and mobile phone programmes and platform to access any of our Services. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but this may not be possible.
You understand and agree that the Services are provided “as is” and that you use the Services at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties of fitness of the Services for a particular purpose. We do not make any representation or warranty of any kind and do not assume any responsibility for any improvement of your language learning or your learning of any other subject by use of our Services, accuracy of Our Content, User Content or any other content available by use of the Services. Access to the Services may be slow, limited or unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for any other reason beyond our reasonable control.
Our Content and User Content available by use of our Services is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
15. LIMITATION OF LIABILITY
You acknowledge and warrant that we, our officers, employees, contractors, suppliers, affiliates, agents and licensors are not and shall not be liable to you for any damages, including but not limited to loss of profit, inaccurate results, loss or corruption of Your Content or any data, data being inaccurate, the cost of recovering any data or Your Content, inability to access the Services, the cost of substitute services, claims by third parties for any damage to computers, software, modems, telephones or any other property, indirect, incidental, special, consequential or exemplary damages, even where we have been advised of the possibility of such damages. We only provide our site for consumer private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
The maximum aggregate liability of us to you in relation to any paid Services (whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise) shall, to the fullest extent permitted by applicable law, not exceed the total amount of the Fees paid by you to us for the Services in the 12 months prior to the initial action giving rise to the liability, which is an aggregate limit that will not increase according to the number of claims brought by you. If no Fees have been paid by you and your use of the Services has been limited to the free Services, you shall not be entitled to any damages of any kind.
If you have a dispute with another User relating to, arising from, or in any way connected with use of the Services, you release us from all claims, demands and damages of any kind or nature arising out of or in any way connected with such dispute.
You agree to indemnify and hold us, our officers, employees, contractors, suppliers, affiliates, agents and licensors harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to, or arising out of your User Content, your use of the Services, your connection to the Services, your breach of the Terms, or your violation of any rights of another person or entity.
17. GENERAL INFORMATION
These Terms and the relationship between us and you are governed by the laws of England and Wales without regard to any conflict of law provisions of any jurisdiction. You agree to submit to the exclusive jurisdiction of the English and Welsh courts, except that we may seek injunctive relief in any jurisdiction in order to enforce our rights under these Terms.
Under these Terms no person other than us and you shall have any rights in relation to your access and/or use of the Services, provided that our third party licensors may take action against you to enforce any infringement of their intellectual property rights or other rights.
These Terms were originally written in English (UK). To the extent that any translated version of these Terms conflicts with the English version, the English version shall prevail.
If we fail to exercise or enforce any rights or provision of the Terms, this shall not constitute a waiver of such rights or provisions. If any provision of the Terms are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that these Terms represent the entire understanding between us and you and these Terms supersede any previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between us and you.
Any notices or other communication given by you to us shall be done via our Contact Us page and shall be deemed to have been received at 9.00am on the next business day after the message was sent.
Please contact us with any question you might have about these Terms via our Contact Us page using the subject “Terms & conditions”. Please also report any suspected or known violations of these Terms via our Contact Us page using the subject “Violations of Terms”. If you wish to notify us about any suspected copyright infringement of any third party, please send a message via our Contact Us page using the subject “Copyright notification”.