Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Terms of Service;
“LangO” refers to our company, known as “LangO Learning Limited”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Service” refers to the services that we provide through our Site, including our Site itself;
“Site” refers to our website, www.lango.today;
“User” refers to anyone who uses our Service, including general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with LangO.
3. What LangO Does
LangO Learning Ltd. is a software start-up company whose vision is to create the finest online education platform with the latest e-learning technology for facilitating English as a Foreign language (EFL) to students remotely through blended learning; namely on-line preparation in collaboration with live lessons with Native English speakers. Students and teachers will sign up to our platform to either learn or teach, a SaaS (Software as a Service) solution.
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of Gibraltar or other countries having jurisdiction over this Agreement, LangO, and yourself.
- You must be at least 13 years of age or, if your jurisdiction has a higher minimum age to use our Site or Service without parental consent, then you must be at least that age.
- You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
5. Nature of Service
Unless otherwise stated, LangO makes no representations or warranties about the honesty or suitability of any of its Users, whether teachers or students.
6. Rules of Use
You must not:
- Violate the laws of Gibraltar or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of LangO.
- Be fraudulent or negligent in your representations as to your qualifications.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the LangO Site, Service, or its Users’ computers.
- Do anything else which could bring LangO, disrupt the learning environment, or violate the rights of any person.
7. Payment, Refunds, and Pricing
Payment can be made by means of Stripe. Unless otherwise stated, all prices are denominated in USD. After seven (7) days from the purchase date of a course, payments are non-refundable. For a refund prior to this date, please send a request to firstname.lastname@example.org. Additional terms surrounding payment, pricing, and refunds may be published on our Site or otherwise communicated by us to you and are hereby incorporated into this Agreement by reference.
LangO may, but is not obligated to, provide discounts or payments for referrals by Users of other Users to the LangO Service, or for any other reason. The discounts provided will be made according to the information published on our Site, and if any information is conflicting, the terms most beneficial to LangO shall take effect. The student referral program works as such: if a student refers a potential student to the Service they will receive an award (student referral award) of 7 days (1 week) of premium membership (Brush Up Subscription) for each qualified student referral, redeemable only when the student upgrades their LangO account to premium.
The teacher referral program works as such: teachers may participate in our teacher referral program where ifreferring potential students to the Service. for each new user that visits LangO through the unique link and pays for their first month of premium membership. Also, if teachers refer other teachers they will receive USD 5 for each new teacher that registers through a unique link and teaches 10 lessons. At this point the bonus will be added to the referring teacher’s account.
Discounts for referrals or other financial benefits given in reward for referring Users to us may be considered a taxable benefit by any revenue agency having jurisdiction over you, and you should consult an accountant and/or tax attorney in your jurisdiction to determine your tax liabilities incurred as a result of participating in our referral program.
LangO may refuse to honour the above referral fees or any other discount programs for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
9. Chargebacks, Credit Card Cancellations, and PayPal Disputes
Where a User conducts a chargeback or Stripe dispute against LangO, such User shall be liable to LangO for the full amount of the chargeback or Stripe dispute, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by LangO in the enforcement of its rights under this section.
10. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
11. Your Copyright
LangO must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“LangO” and “LangO Learning” are marks used by us, LangO Learning Ltd., to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website or business.
13. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
14. Copyright & Trademark Infringement
We take copyright infringement very seriously. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is notauthorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
You must sign this notification electronically and send it to our Copyright Agent at email@example.com. We recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
Please notify us at firstname.lastname@example.org if any of our Users have posted anything that you believe is defamatory.
Please include full details such as who was defamed, how the statement is untrue, what standing you have to make the complaint (such as being the person themselves or their attorney or litigation guardian) and any other information that will assist us in making a good faith determination to remove the complained-about statement.
16. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any ofits officers, employees or agents; or (b)fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
18. Choice of Law
This Agreement shall be governed by the laws in force in Gibraltar. The offer and acceptance of this contract are deemed to have occurred in the Gibraltar.
19. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in Gibraltar. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely using the small claims track within the Supreme Court of Gibraltar, located at 277 Main Street, Gibraltar.
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard using the small claims track, you agree not to bring the other claims against us and to instead proceed using the small claims track.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the small claims track, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim using the small claims track.
You agree that if a dispute is eligible to be heard using the small claims track but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute using the small claims track.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
20. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, LangO shall have the sole right to elect which provision remains in force.
LangO reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
23. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for anylosses related to actions of other Users.
24. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will e-mail you to inform you that there has been a change and update this page accordingly. Your continued use of our Service shall constitute your acceptance of any such amendments.
Last Modified: May 30, 2016