These terms and conditions (“Terms of Use”) govern your use of this website (the “Website”), as well as the purchase of the services provided on the Website, as outlined below.
The Website is owned and managed by PowerLanguage Ltd., located at The Green House 41, St Bernard’s Crescent, Edinburgh EH4 1NR, Scotland, United Kingdom (“PowerLanguage”).
These Terms of Use therefore constitute an agreement between you and PowerLanguage. By using the Website, you accept the Terms of Use in full. If you disagree with the Terms of Use or any part of these terms and conditions, you must not use the Website.
Our Services
Our mission consists of creating and producing resources for the teaching of modern languages (French, Spanish, German, Chinese, English and Gaelic) in your school. We also create and provide resources dedicated to teachers, pupils and families (the “Services”).
Our teaching team consists of native speakers who are all experienced teachers, committed to promoting languages and culture throughout Europe and beyond.
Our Services are very diverse, so sometimes additional terms or products requirements (including age requirements) may apply. If you use certain Services, you will be provided with an opportunity to agree to additional terms that will also become a part of our agreement. For example, if you use payment features, you will be asked to agree to the Payment Terms. If there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency.
Restricted access
You will need an account (the “Account”) in order to purchase and/or access to our Services. You may create your own Account, or your Account may be assigned to you by PowerLanguage or by an administrator, such as your employer or educational institution. If you are using an Account assigned to you by an administrator, your administrator may be able to access or disable your Account.
To protect your Account, keep your password confidential. You are responsible for the activity that happens on or through your Account.
Your Commitments
To purchase our Services, we require you to make the below commitments to us:
You must be at least 18 years old.
You must not be prohibited from receiving any aspect of our Service under applicable laws.
We must not have previously disabled your Account for violation of law or any of our policies.
Purchase our Services
Upon submission of an order for the purchase of Services, you will be provided with a summary of the requested Services, whereby it is indicated:
(i) the Services’ main characteristics;
(ii) the price indicated by PowerLanguage and accepted by you while confirming the request;
(iii) the total amount to be paid, including any possible duties and taxes including bank charges.
As soon as we receive payment, you will receive an e-mail at the email address provided at the registration of your Account and you could access to the Services purchased.
You agree that we can download files and materials on your device in order to perform our Services.
Payment Terms
Unless otherwise specified or agreed with you, the accepted payment methods are: credit cards and bank transfer.
PowerLanguage will use any personal data relating to payment services only for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police.
Returns
Without prejudice to the application of the mandatory consumer protection provisions, you may return the Services purchased from us, upon condition that the Services had not been used and/or damaged, without any penalty and without specifying the reason, within fourteen (14) days from receiving the Services purchased on the Website.
To withdraw from the Service, you should draft and send PowerLanguage, at the email address: support@powerlanguage.net, a declaration explicitly stating your decision to withdraw from the Services, and you will be responsible for proving that you exercised your withdrawal right in a correct, timely manner.
Once you have exercised your right to withdraw from the Services, PowerLanguage will immediately block access to the materials/files provided in connection with the Services. The refund procedure will be initiated by PowerLanguage within fourteen (14) from when we was informed of your decision to exercise your return right, after checking that the return right has been correctly exercised.
Should the terms and conditions for exercising your right of withdrawal, as indicated above, not be respected, you will not be entitled to any refund of sums already paid. Within fourteen (14) days from sending the email whereby you are informed of the non-acceptance of the return, you may opt to be redelivered the Services, providing notice thereof to PowerLanguage, according to the procedures of which you will be informed. Otherwise, PowerLanguage may retain the Services, in addition to the amounts already paid for their purchase.
Should the terms and conditions indicated above be respected, you will be entitled to a full refund of the amounts already paid to PowerLanguage. PowerLanguage shall refund the amounts paid for the returned Services according to the methods and times of our standard refund procedure, as set out in this clause.
Whatever payment type you used, PowerLanguage issues the refund using the same payment method you used to purchase the returned Services, unless you have expressly agreed with PowerLanguage to use another payment method, and on the condition that you must not incur any further cost as a result of the refund. If the recipient of the Services is different from the individual who made the payment for such Services, the amount paid for returned items shall be refunded by PowerLanguage to the individual who made the payment.
Acceptable use of the Website
You must not use this Website in any way that causes, or may cause, damages to the Website or impair the availability or accessibility of the Website; or in any way which is unlawful, illegal, misleading, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
By way of example:
- you must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) 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 in relation to this Website without PowerLanguage’s express written consent;
- you must not use this Website to transmit or send unsolicited material and commercial communications;
- you must not use this Website for any purposes related to marketing without PowerLanguage’s express written consent;
- you can’t violate (or help or encourage others to violate) these Terms of Use or our policies. To report conduct or content that you think infringes these Terms of Use or our policies, please contact: support@powerlanguage.net;
- you can’t attempt to buy, sell, or transfer any aspect of your Account or solicit, collect, or use login credentials or badges of other users;
- you can’t post private or confidential information or do anything that violates someone else’s rights, including intellectual property. To report content that you think infringes your rights, contact: support@powerlanguage.net.
Content Removal and Disabling or Terminating Your Account
We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your Account) immediately if you: clearly, seriously or repeatedly violate these Terms of Use, our policies, if you repeatedly infringe other people’s intellectual property rights, or where we are required to do so by law.
We can remove any content or information you post or share on the Website if we believe that it violates these Terms of Use, our policies or we are required to do so by law. But that does not necessarily mean that we constantly review content, so please do not assume that we do.
PowerLanguage may disable your account at its sole discretion without notice or explanation. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, please contact: support@powerlanguage.net.
Breaches of the Terms of Use
Without prejudice to PowerLanguage’s other rights under these Terms of Use, if you breach these terms and conditions in any way, PowerLanguage may take any action deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
If you do not comply with these terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
These Terms of Use will still apply even after your account is terminated or deleted.
Who Has Rights Under this Agreement
This agreement governs the relationship between PowerLanguage and you, and does not give rights to any third parties.
You cannot transfer your rights or obligations under this agreement without our consent.
Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Liability
We will use reasonable skill and care in providing access to the Website to you and in keeping a safe, secure, and error-free environment, but we cannot guarantee that the Website will always function without disruptions, delays, or imperfections.
Provided we have acted with reasonable skill and care, we do not accept responsibility for: losses not caused by our breach of these Terms of Use or otherwise by our acts; losses which are not reasonably foreseeable by you and us at the time of entering into these Terms of Use; any offensive, inappropriate, unlawful, or otherwise objectionable content posted by others that you may encounter on our Website; and events beyond our reasonable control.
The above does not exclude or limit our liability for death, personal injury, or fraudulent misrepresentation caused by our negligence. It also does not exclude or limit our liability for any other things where the law does not permit us to do so.
Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
We recognise that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumers’ legal rights which may not be waived by contract.
The Data Policy
Providing our Services requires collecting and using your information. The Data Policy explains how we collect, use, and possibly share information. It also explains the many ways you can control your information.
In connection with your use of the Services, we may send you service announcements, administrative messages and other information. We may also send you newsletters and communications for marketing purposes. You may opt out of some of those communications.
You can find more information about how PowerLanguage uses and stores your content in the Privacy Policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Intellectual Property
Unless otherwise stated, PowerLanguage and/or its licensors own the intellectual property rights in the Website and material on the Website and relating to the Services. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- sell, rent or sub-license material from the Website and relating to the Services;
- reproduce, duplicate, copy or otherwise exploit material on this Website or relating to the Services for commercial purposes;
- edit or otherwise modify any material on the Website or relating to the Services.
Unenforceable provisions
If any aspect of this agreement is, or is found to be, unenforceable, this will not affect any other terms.
Indemnity
You hereby undertake to keep PowerLanguage indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by PowerLanguage to a third party in settlement of a claim or dispute on the advice of PowerLanguage’s legal advisers) incurred or suffered by PowerLanguage arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify PowerLanguage and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.
Amendments and waivers
Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
We reserve all rights not expressly granted to you.
Updating These Terms of Use
We may need to make changes to these Terms of Use and policies so that they accurately reflect changes to the law, or to our Service and policies. Unless otherwise required by law, the revised Terms of Use will apply to the use of the Website from the date of the publication of the revised Terms of Use on this section of the Website. Please check this page regularly to ensure you are familiar with the current version of the Terms of Use.
How We Will Handle Disputes
If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms of Use (“claim”), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in the United Kingdom and that the law of England and Wales will govern these Terms of Use and any claim, without regard to conflict of law provisions.
If you need any help, please contact: support@powerlanguage.net