Términos y Condiciones

1. Introduction

Last updated: July 12, 2019

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.lingolocate.com website (the “Service”) operated by Lingo Locate Limited (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

2. Lingo Locate Website

Lingo Locate is an online marketplace that connects schools, tutors, event hosts and students. Lingo Locate is not involved in any way in delivering the services of the users. Profiles and advertisements are placed on the site by schools, tutors, event hosts and conversation partners. Lingo Locate cannot be held directly or indirectly accountable for transactions between students and service providers concerning lessons.

Lingo Locate, in its capacity as an advertiser and online marketplace, cannot guarantee neither the payment of the student’s, school’s tutor’s lesson fees, nor the truthfulness of the information contained in the listing descriptions.

Users of Lingo Locate must create a profile to use it. Users agree to create only one profile on the site, with the exception of schools who have multiple branches with different geographical locations. Here, they can create a number of profiles under one username. Profiles can be modified, managed and deleted from the dashboard that is available to users.

Lingo Locate reminds its users that they are subject to labor and company laws, companies and final payments and taxes.

3. Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Lingo Locate Limited cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Lingo Locate Limited customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Lingo Locate Limited with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Lingo Locate Limited to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Lingo Locate Limited will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

4. Free Trial

Lingo Locate Limited may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Lingo Locate Limited until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Lingo Locate Limited reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

5. Fee Changes

Lingo Locate Limited, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Lingo Locate Limited will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

6. Refunds

Certain refund requests for Subscriptions may be considered by Lingo Locate Limited on a case-by-case basis and granted in sole discretion of Lingo Locate Limited.

7. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

8. Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

9. Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Lingo Locate Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Lingo Locate Limited.

When you upload content, you give to Lingo Locate Limited a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Lingo Locate Limited business.

10. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Lingo Locate Limited.

Lingo Locate Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Lingo Locate Limited 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 such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

11. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Indemnification

You agree to defend, indemnify and hold harmless Lingo Locate Limited and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

13. Limitation Of Liability

In no event shall Lingo Locate Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

14. Dispute Resolution

Disputes between website users are not mediated by Lingo Locate. The company is hereby released from any claims, or damages of every kind, in any way connected with such disputes.

15. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Lingo Locate Limited its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

16. Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Lingo Locate Limited ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Lingo Locate Limited or any person for whom Lingo Locate Limited is responsible, and even if Lingo Locate Limited has been advised of the possibility of such loss or damage being incurred.

17. Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

18. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

18. Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

19. Contact Us

If you have any questions about these Terms, please contact us.

1. Introduction

At Lingo Locate we understand that you care about your information, and appreciate your trust. Please read our Privacy Policy carefully to get a clear understanding of how we collect, use, disclose, protect and otherwise handle information about you. By visiting our website and using our services, you consent to the collection and use of your data as described in this Privacy Policy. For the purpose of the Data Protection Act 2018, the data controller is Lingo Locate Limited.

2. What personal information do we collect?

We collect information you provide to us, such as when you create an account, update your profile, use the interactive features of our Services, request customer support or otherwise communicate with us. The types of information we may collect and process include:

Information that you give us

• Basic user information, such as your name, username, email address, physical address, phone number, nationality and photographs;
• Other background, contact, language and demographic information
• Messages and interactive forum information, such as messages to other Lingo Locate users and information you provide in connection with activities and events;
• Information about you from your use of Lingo Locate Services and contact with users, such as reviews and ratings, lessons taken, schools, teachers and events attended, students taught, one on one meetups and connections with other members, and other interconnections and interactions between you and other Lingo Locate users;
• Information provided to us by you as a part of the identity verification process. This includes, if applicable, the identity document and images used in the process as well as the information included on the identity document provided.

Information we collect about you

• Technical information, including the Internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
• Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time), services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs).

Information we receive from other sources

We may receive information about you from the third parties we work with (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

3. How it is used

We use the information we collect to administer our site and facilitate your use of the site. All of the information we collect or record is restricted to our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information.

We may use the information we collect to create a better, more personalized experience for you based on your individual usage habits, improve our marketing and promotional efforts, analyse site usage, improve our content and product offerings, and customise our site’s content, layout and Services. These uses improve our site and allow us to better customize it to meet your needs and to better service you.  We may use it to send periodic emails regarding the site and our products and services.

We use Google Analytics to undertake some of the activities outlined above. Google’s policy regarding your data can be found here: http://www.google.com/analytics/en-GB/tos.html. By using our site and services you agree to this use.

We also use the information we collect about you to resolve disputes, troubleshoot problems, and enforce our Terms and Conditions.

We may on occasion use your feedback, correspondence or photographs you submit to us for use in our own promotional materials or any other use we consider appropriate.

We may share your information with selected third parties including for analytical, marketing, market research or commercial purposes.

We will share information if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and other agreements; or to protect the rights, property, or safety of Lingo Locate Limited, our members, or others.

4. How it is protected

We store your data on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Transmitting information over the internet is not completely secure, and we can’t guarantee the absolute security of your data.

By submitting your personal data, you agree to this transfer, storing or processing.

You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such this by checking certain boxes on the forms we use to collect your data.  You can also exercise the right at any time by contacting us at [email protected].

5. Cookies

A cookie is a small file which, if you provide consent, is sent from a website and stored on your computer by your web browser when you visit a site. Cookies are used by many websites to enable the website to work efficiently and to distinguish you from other users in order to improve your browsing experience. They are also used to compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies on our site and by agreeing to this policy you are agreeing to their use.

6. Third Party Disclosure

We do not sell, trade, or otherwise share your personally identifiable information unless you specifically consent to us doing so, or when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

7. Third Party Links

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

8. Reviewing, Updating and Deactivation Information

You can review and update your personal information at any time through your account page.

If you wish you deactivate your account please email [email protected]. We will remove your personal information from our active databases as soon as reasonably possible. We may retain your information in our files if, in our discretion, retention of the information is necessary to resolve disputes, troubleshoot problems or to enforce the Terms and Conditions.

9. Social Media

When you sign in to the website using social media you grant permission to the social network to share your user details. Depending on the network this will include basic account information such as name, email address, date of birth and any other details you choose to share according to your particular social media account settings.

10. Notification of Changes

Any changes we may make to our privacy policy in the future will be posted on this page. Please check back frequently to see any updates or changes to our privacy policy. In the case that we make substantial changes to this policy we will notify you via email.

11. Contact Us

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to [email protected]