1. OVERVIEW AND INTRODUCTION
  1. We are BRITLINGO Limited (Hereinafter referred to as “Britlingo” “we”, “our platform” and “us”), a company registered in the United Kingdom and operating in the United Kingdom.
  2. We are based in London, United Kingdom. Regarding any issue related and connected to this Terms of Use, we can be contacted at legal@britlingo.com. We have a dedicated team who would endeavour to respond to your email timeously. Please be informed that we can only give clarifications and explanations when contacted. We are not able to provide legal advice. Britlingo is an online educational platform delivering subscription based English courses for Students with English as a Second Language.
  3. By using our Website, services and Platform, Users agree to be bound by this Terms of Use, In addition to these, Users agree to be bound to additional policies applicable to any of our services, its functionality and contents. These terms are incorporated by reference.
  4. These Terms of Use governs and regulates your use of our Platform and services, by using our Platform, you consent to these terms and are bound by it. Please kindly read these terms carefully. These Terms override any previous communication or agreement with Britlingo in relation to any of our services and Platform.
  1. DEFINITIONS AND INTERPRETATIONS.

As used in this Terms of Use, the following words and terms shall have the meanings ascribed to them below with words in the singular deemed to include those in the plural and vice versa:

  1. I. Britlingo - means BRITLINGO Limited, a company registered and located in the United Kingdom which can be contacted on our Contact Page.
  2. II. CEFR - means the Common European Framework of Reference for Languages.
  1. IV. Classes or Session - means a training session or period in which the part of the Course is being disseminated to Students.
  2. V. English Placement Test - means a proficiency test taken by the student at signup which helps determine the English Proficiency Level of the Student.
  3. VI. English Proficiency Level - is the level of English proficiency determined through our English Placement Test at registration which informs us of the students’ level of comfort to use the English language to make and communicate meaning in spoken and written contexts.
  1. IX. Our Services - includes anything related and connected to Britlingo.
  2. X. Payment - includes any monies paid to us by any User for the use of our Platform.
  3. XI. Parent or Parents - includes the legal representative(s) or guardian(s) of Student(s) as defined in XVI
  1. XV. Referral - link shared by existing User to an unregistered User directing them to register as a User on Britlingo
  1. XX. User settings - A page where Users can add or edit their personal information, change password and payment information.

2.1  References.

       Any reference to a statutory provision shall be construed as a reference to:

  1. Any statutory modification or re-enactment thereof (whether before or after the date hereof) for the time being in force;
  2. All statutory instruments or orders made pursuant thereto; and
  3. Any statutory provisions of which that statutory provision is a re-enactment or modification.
  4. Any reference to a document or this Terms of Use shall include a reference to any amendment, replacement, notation or supplement to that document or this Terms of Use but excluding any amendment replacement, notation or supplement made in breach of this Terms of Use.
  5. Any reference to a party, (who can either be Users or Britlingo collectively and individually) to this Terms of Use includes a reference to that party’s successors and permitted assigns.
  6. Paragraph headings are inserted for ease of reference and convenience and shall not be construed as forming part of this Terms of Use or used in the interpretation of any Article hereof.
  7. Words denoting the singular shall include the plural and vice versa.
  8. Words denoting persons shall include corporations, firms and organisations and vice versa.
  9. Words denoting any gender shall include all genders.
  1. OUR SERVICES.
  1. Britlingo is an online educational platform delivering subscription based english courses for Students with English as a Second Language. Our curriculum is in compliance with the CEFR’s parameters for Learning, Teaching and Assessment.
  2. It is the responsibility of Students to read the information on each Course page to make an informed personal decision on whether to engage/hire the Course or not. As a Student, you are responsible for making a decision regarding the suitability of the Course you choose to purchase.
  3. We reserve the discretion and right to terminate, monitor, suspend, delete or ban the Account of any User on our Platform. We have no obligation to give any reason or explanation for such action. We take these actions for the benefit of our Platform.
  4. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. You acknowledge that the Platform is an evolving one and that the form and nature of the Website or mobile applications, including the Services, may change from time to time without notice to you.
  1. OBLIGATIONS OF USERS.

We give to all our Users a limited, non-exclusive, non-transferable, and revocable license to use our Platform and services. However, this right of use is subject to this Terms of Use and the following restrictions:

  1. By using our Platform, you hereby confirm that you are of the required Age as stated in 4(a). A breach of this term constitutes a fundamental breach of this Terms of Use.
  2. Users are obligated to provide accurate and complete information when registering an account on our Platform. They must also ensure that their Account is updated and accurate at all times. Each User is responsible for his/her Account. The confidentiality of your Account and its activities are your sole responsibility. Any suspicion of any unauthorised use of your Account should be reported to us immediately by sending an email to legal@britlingo.com Britlingo is not liable for any loss or damages from any unauthorised use of a User’s Account by another person.
  3. Each User must take the English Placement test without any help from a third party.
  4. Each User hereby represents that they are not impersonating another person, being fraudulent, being offensive or violating another User’s right. Each User also obligates that the Username selected is not offensive and targeted at demeaning another User.
  5. Users can delete their Account or the use of our Platform or any of our services by using the delete function in their User Dashboard or User Account Settings. Please note that deleting your Account does not delete your Content. We may need to keep certain Users’ contents for business reasons and legal compliance purposes. Please read our   for more information.
  6. Users must refrain from carrying out activities that infringe on the right of another User or person, carry out criminal activities, violate any law, breach a contract or a legal duty, offer illegal rewards, violate our Terms of Use and other related policies.
  7. Users must respect the rights of others, must not post wrong information, avoid unsolicited communications, engage in actions that are libellous, tortious, profane, obscene or invade another person’s privacy. Users must not defame, harass, abuse, threaten, spam or distribute viruses or any software/program that invades the privacy of any User, affects the proper functioning of any equipment or the use of our Platform by any User. Users must not use the Website to send junk email or “spam” to people who do not wish to receive email from you.
  8. Users may not create more than one account to access our Platform. You must not share your Login Credentials with any third party nor transfer your Account to any third party. Britlingo is not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to safeguard your Login Credentials.
  9. Users agree that they shall not rent, resell, or remarket their Account, or provide access to the Services to any third party. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
  10. Users will not be entitled to create a new account to access the Website if your Account is terminated by Britlingo.
  11. Users agree that Britlingo’ total cumulative liability in connection with these Terms, the Website, the Software, the Services, the Content, or any listing or services whether in contract, tort, or otherwise, shall not exceed the amounts, if any, you paid in commissions to Britlingo for the Services in the then-prior three months.
  12. By using the Services, you agree to indemnify, hold harmless and defend Britlingo and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with Your use of the Services, including but not limited to ( a) acts and/or omissions on or off the Website; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Website; (c) breach of these Terms; (d) disputes with or between other Users; (e) use and/or misuse of the Website, including without limitation any information, Content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including without limitation such websites' availability, terms of use, privacy policy, information, Content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third-party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, Content and/or materials obtained on or through the Website. You further agree that you will cooperate as requested by Britlingo in the defense of such claims. Britlingo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not in any event, settle any claim or matter on behalf of Britlingo without the written consent of Britlingo.
  13. Users must not engage in activities that are detrimental to our Platform or its functionality. Users shall not take actions to bypass our security measures or gain unauthorised access to our Content or any other User’s Content, reverse engineer or take apart any of our services or Platform.
  14. Without limitation, the Services may not be used to solicit for any other business, Website or Service. Users may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through Britlingo without express written permission from Britlingo. You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of Britlingo.
  15. Users may not assign or transfer these Terms in whole or in part to any third party. These Terms shall bind to the benefit of the parties to these Terms and their respective successors, permitted transferees, and permitted assigns.
  16. Britlingo is not responsible for any loss or damages arising from the failure to comply with clause 4(a) - 4(m) above. Britlingo may terminate, suspend or take any action against your Account for violation of any Terms of Use.
  1. STUDENT’S OBLIGATIONS.

You are to consider all the information presented to you and stated on the Course page to make an informed decision on whether you want to take the Course  or not. In addition to all other Britlingo policies and this Terms of Use, the following applies to all Students on our Platform:

  1. Students agree that Services are provided for the purpose of facilitating learning, not cheating. You agree not to hire third parties to complete assignments, write papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use Services for any purpose that violates the academic honesty policy or other conduct policies of any school, university, academic institution or workplace.
  2. In order to make Payments to us, Students will be required to provide information regarding their credit card or other payment methods. All Students represent and guarantee Britlingo that such information is true and that they are authorised to use the said Payment Method.
  3. If you become aware of fraudulent use of your payment card to make a Payment on our Platform, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
  1. Britlingo’ OBLIGATIONS.
  1. We will ensure that we stay compliant to all the CEFR frameworks and curriculums for teaching the English Language.
  2. Britlingo from time to time may record videos of your lessons. This recording is intended solely for the purpose of ensuring the quality of Britlingo Services. Recordings will not be shared externally, used for individual targeting, or used for any sales, marketing, or other promotional purposes. By using Britlingo’s services, you agree and give consent for such recordings that are gratuitous, unsolicited, and without restriction. You agree that Britlingo may use these recordings without fiduciary, or other obligation, and without any additional compensation. You may opt out of any recordings of your lessons or request to remove any existing recordings by contacting us at legal@britlingo.com
  3. Britlingo does not bear any liability and has no obligation to investigate, participate, or become involved in any dispute between Users.
  4. Britlingo may request information from Users regarding any session or interaction, however, this is not an obligation, rather it is our discretion to decide whether to request for information or not. When we request for this information, if the information is not provided within the requested time, Britlingo reserves the right to terminate any account and pursue any remedies available to it under this Terms of Use or any applicable law.
  5. Britlingo may remove User Content that violates our Terms of Use at its sole discretion. Removing User Content, terminating an account, or cancelling sessions are some of the actions that can be taken. It is at Britlingo’s sole discretion whether to give a reason for the action taken or not.
  6. In no event shall Britlingo be liable to any user of this Website or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorised access to or use or misuse of the Website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if has been advised of the possibility of such damages or losses.
  7. We offer a limited refund system, under this system, refund will only be given as stated in our Financial Policy contained in Clause 7.
  1. FINANCIAL PROVISIONS.

7.1       Packages Engagement.

  1. Our Fees are as stated in the table below
    1. i.
  1. In addition to the fees stated in (a), we also charge miscellaneous fees which include but are not limited to VAT, transfer fees, bank charges and all other charges related and connected to the receiving of the Fees. If there is any question or enquiry on miscellaneous fees, we advise that you contact your bank for more information.
  2. Any dispute on Payments should be forwarded to us by filling the form .
  3. Britlingo is not a bank or any type of a financial institution, we do not provide any financial services or advice. Any payments made via our Platform are made solely for the purpose of Our services. Such payments may not be made and used for any fraudulent, criminal or illegal activity as defined by the law. The exchange rates provided on our Platform do not always reflect the real market situation for a specified date. Such exchange rates are provided for comparative and informational purposes only in order to help you get the best possible Services on our Website. In order to get the real exchange rates on a specific date, please, advise your bank or any other official financial institution.

7.2       Refunds Policy

  1. Students can only cancel a purchase with us within fourteen days of such purchase. After that, no other cancellation is allowed. Refunds are made back to the means of payment within seven days.
  2. Users agree that Britlingo holds no responsibility for refunds that are outside the confines of this refund policy and on requests that are made outside the Refund Period.
  3. Users agree that Britlingo reserves the right to terminate any User Accounts, and pursue any remedy available for any abuse of this Refund Policy
  1. Intellectual Property Matters.
  1. Britlingo’s Intellectual Property – Our Content, Service, trademark and everything on our Platform are protected through various intellectual property laws including but not limited to copyright, patent, trademark and all other available protections under the Laws of England and Wales.
  2. By using our Platform, you covenant that you will respect our intellectual property and not adapt it or create derivative works off our contents. We only grant you a limited, temporary, non-exclusive, non-transferable right to use and access our Content and our Users’ Content. You cannot and should not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt or copy any of the Content on our Platform unless you get written permission from us.
  3. We have the right and discretion to limit or revoke this limited license to use.
  4. Users’ Intellectual Property - Users grant a non-exclusive, global, no borders, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to use of contents to Britlingo who can exercise, commercialise, and exploit the copyright, publicity, trademark, and database rights with respect to Users’ Content.
  5. Britlingo is hereby granted the right to edit, amend, make changes, translate, format or even delete any Users’ Content at it deems necessary and appropriate.
  6. Users’ covenants, represents and warrants that they have the right and licence to confer the rights in 9(d) and 9(e) on Britlingo. Users also warrant that they have not infringed on any third party’s (intellectual, privacy, human, proprietary, confidentiality or any other rights) rights.
  7. Users further warrant that Britlingo is not required to obtain any license, consent, make any payment or obtain any permission from any third party to use any User’s Content on our Platform. User agrees that Britlingo does not have any liability from the use of any User content.
  8. If there is any suspicion of infringement of your intellectual property right by another User, please do not hesitate to contact us immediately as this is very important to us. You can contact us at hello@britlingo.com
  9. Please note that we reserve the right and sole discretion on whether to delete, disable the Content infringing the intellectual property as alleged. We can also delete the Users’ Account and ban them from using our Service or Platform. However, this is also at our discretion.
  10. For any query or issue related and connected to refund or this Refund Policy, please send us an email at [insert email address]
  1. Miscellaneous Provisions.
  1. Unsolicited Idea - Users agree that all unsolicited comments and advice are non-confidential and non -proprietary. An irrevocable, worldwide, transferable and royalty-free license to use, exploit, distribute and display the unsolicited advice or communication is hereby granted to Britlingo.
  2. Release from Liability for Site Outages - Users agree that Britlingo does not bear any liability from any loss of data, business opportunity or Content due to the scheduled maintenance, unplanned outages or malfunctioning of our Platform.
  3. Anti-Corruption and Anti Money-Laundering - Users agree that in using our Platform, they will not undertake any conduct that constitutes an offence under applicable anti-corruption and anti-money laundering laws. A breach of this clause shall be deemed a material breach of this Terms of Use.
  4. Severability - In the event that any provision of this Terms of Use is held to be invalid or unenforceable in whole or in part, all other provisions will continue to be valid with the invalid and unenforceable parts severed from the remainder of this Terms of Use.
  5. Third Parties - This Terms of Use does not confer any rights on any person or party other than the Users and Britlingo. The rights of the parties are not subject to the consent of any other person.
  6. Headings - The paragraph titles in this Terms of Use are for convenience only and shall not define or limit any of the provisions hereof. These headings do not denote an interpretation tool for any term in this Terms of Use.
  7. Amendment - We may update this Terms of Use from time to time by publishing a new version on our Website. The right to amend is at our sole discretion. You should check this page occasionally to ensure you understand any changes to this Terms of Use. We may notify you of changes to this policy by email or through email or any other choice of communications as set by you.
  8. Anti- Slavery - Users covenants that they in using our Platform, they will not undertake any conduct that constitutes an offence under applicable anti-slavery laws. A breach of this clause shall be deemed a material breach of this Terms of Use.
  9. Notices - Unless otherwise stated in this Terms of Use or any other relevant part of our Platform, all notices and other communications shall be in writing and delivered by electronic mail. If to Britlingo, the email address is legal@britlingo.com unless another email address is provided on the relevant page on our Platform or this Terms of Use. If to any User, the email address will be the email address provided when registering for an account.
  10. Waiver - No single or partial exercise of a right or remedy provided by this Terms of Use or by law prevents the further exercise of the right or remedy or the exercise of another right or remedy. A waiver of a breach of this Terms of Use does not constitute a waiver of a subsequent or prior breach of this Terms of Use.
  11. Relationship Of The Parties - This Terms of Use is intended and shall be construed as creating an Agreement for the purposes specified in this Terms of Use. Nothing in this Terms of Use or otherwise is intended or shall be construed as creating a partnership other than as specifically set out in this Terms of Use or any legal entity between the Users and Britlingo or any on-going or continuing relationship or commitment between the Users of Britlingo, other than as specifically set out in this Terms of Use.
  12. Indemnity - Users agree to indemnify and hold harmless Britlingo, its successors and assigns, from and against all losses, costs and other damage caused by the User, his/her profile or any activity that is related or connected to the use of our Platform.
  13. Governing Law - This Terms of Use, the jurisdiction clause contained in it and any non-contractual obligations arising out of or in connection with it or its subject matter or formation are governed by, construed and take effect in accordance with the law of England and Wales.
  14. Dispute Resolution - Notwithstanding the provisions of any and all grievances, disputes, claims, or controversies you may have against Britlingo (“Disputes”), before pursuing any dispute resolution avenue, you must first give us an opportunity to resolve the Dispute informally by sending an email to [insert email address] with the subject “Pre-Action Dispute Notice”. The Email should contain your name, your email address as registered on your Account (if you have no account, please state that), a detailed description of your grievance and claims and, a description of the specific relief you seek and how we can resolve this grievance. If we do not resolve the Dispute within sixty (60) days after receiving your Pre-Action Dispute Notice, then you may pursue resolution of the Dispute in accordance to (o).
  15. Subject to (n), the parties agree that any dispute arising out of or in connection with this Terms of Use or the performance, validity or enforceability of it will be finally resolved by the courts of England and Wales, who have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
  16. Class Action Waiver - Users and Britlingo agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither the Users nor Britlingo will seek to have any dispute heard as a class action, a representative action, a collective action, or in any proceeding in which the User or Britlingo acts or proposes to act in a representative capacity. The User and Britlingo further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of the User, Britlingo, and all parties to any such proceeding.
  17. Warranty - Britlingo has no fiduciary duty to any User. Our Platform, services, Content, User Content, and any other related materials are provided on an "as is" and "as available" basis without any warranties of any kind, express or implied. This no warranty includes but is not limited to implied warranties of merchantability, quality or fitness for a particular purpose, non-infringement or Course of performance. This no-warranty clause is exercisable to the fullest extent permissible by the law. The use of our Platform and services, including without limitation any services provided on any third-party platform, are entirely at your own risk.
  18. Confidentiality - Except to the extent required by law, any legal or regulatory authority of competent jurisdiction or, with the prior written consent of the other Party. No party shall use or disclose to any third party such information belonging to the other party. This paragraph shall survive the termination of this Terms of Use. For the avoidance of doubt, Personal Information shall be treated in accordance with Applicable Laws and shall not be considered “confidential information” belonging to a party.
  19. In the event of a User’s failure to comply with the terms contained in this Terms of Use, our we reserve the right and sole discretion to immediately and without notice suspend, delete or permanently ban the Users’ access to all or part of our Platform or services.
  20. The terms in this Terms of Use survive the usage of the Platform. Even after termination or deletion of your Account on our Platform or the discontinuing of your use of our services for whatsoever reason, either by your choice or our choice, the terms in this Terms of Use continue to apply post use and termination.