By using this website you agree to the following Terms and Conditions.
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website and its terms and conditions. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trade Marks
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trademarks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
4. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Public Forums and User Submissions
The Website Owner of this Website is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner of this Website. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
5.1 defame abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;
5.4 violate any copyright, trade mark, other applicable United States or international laws or intellectual property rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
7. Email & Personal Information
Your email and personal information will not be sold or shared with any 3rd parties. Upon signing up on the site - for a paid class or free trial class - your email and contact information will be stored in our system. This contact information will be used to contact you with regards to scheduling of classes, general correspondence from Live Lingua staff and to inform you of promotions being offered by Live Lingua and other Rayvensoft Corporation companies.
8. Data Collection & GDPR Compliance
By signing up for a trial class or creating an account with us, you consent to us gathering certain information about you, in order to process your order. This may include (but is not exclusively limited to) information such as your full name and email address (so we can update you about your classes), your IP address (this is securely collected by our payment system, so that we can validate your payment information and prevent fraudulent orders), and the order will be added to your purchase history, which we also retain, in order to be able to help with inquiries and see which customers have ordered in the past.
For the purposes of placing your order, we use a secure third party payment provider who will securely handle transaction information (our website is secure to the highest level of PCI Compliance via PayPal, and Stripe, 2 of the world's most secure, best-known and most reliable payment systems).
If you place an sign up for a trial lesson and create an account you will be opting in to marketing communications, or, if you sign up to our email list via our website, we may use this information to process your order (if you’ve processed an order), to contact you about an order, or, to notify you about appropriate company information such as newsletters, sales, updates, news information etc. You may opt out of these communications at any time, either by contacting us, or by clicking the “Unsubscribe” link in the email. We use a secure, third party email provider to store and manage email subscription information.
You may request for us to delete your customer information at any time, by contacting us. We will carry out this request within 30 calendar days.
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
9.1. Disclaimer of liability for all our Online Classes.
The Website Owner of Website shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, you or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any class price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
9.2. Disclaimer of liability for 3rd Party Applications, Websites & Hardware.
Partaking in the services offered by this Website may require the use of some 3rd party software & websites including but not limited to Skype, Google Hangouts, Facetime, Zoom or external educational websites as well as the use of 3rd party video camera and microphone devices. This Website and the Website Owners are not responsible for the updating or maintenance of any of the 3rd party systems used. These 3rd Party Applications & Hardware may have their own terms and conditions of use and privacy policies and your use of these 3rd Party Applications & Hardware will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that this Website does not endorse and is not responsible or liable for the behavior, features, content, or misuse of any Third Party Application.
10. Teacher Relationship to this Website
All teachers listed on this Website are independent contractors and may also provide services for other businesses. This Website is not legally liable for the actions taken by the independent contractors. If you would like to report any inappropriate action taken by one of the independent contractors on this Website, please contact us at firstname.lastname@example.org.
11. Refunds & Class Cancellations
All payments for Classes and/or Gift Vouchers are non-refundable, expect as follows:
(i) a 100% refund of the purchase price of all unused class credits will be made providing an email request is received at email@example.com within 7 days of purchase, class credits that are already used will be charged at our standard hourly rate for each singular class taken for the said package A refund can also be requested by filling out our 7 day refund guarantee form here.
(ii) a 90 % refund of the purchase price of unused class credits will be made providing an email request is received at firstname.lastname@example.org within one calendar year of the date of purchase of the credits to be refunded and any refund will be calculated by charging our full hourly class rate for the classes you have already had taken with us and refunding the difference.
(iii) no other refund will be entertained
(iv) no refund or credit will be given for FREE classes given or requested either alone or as part of a package, as such FREE classes shall be considered to have no monetary value and each FREE class only becomes FREE after a Student has used all their paid classes.
(v) Refunds will be made via Paypal.com no matter the payment method used for the initial payment. People who do not have a PayPal account will need to create a free one and connect it to their bank account in order to get their refund.
(vi) Refunds of classes bought at a discounted or promotional or bulk rate - When a Student buys classes at a bulk, discounted or promotional rate then it is assumed that the Student will take all of the classes they originally bought. Should the Student wish to apply for a refund during the refund periods available as detailed above, then the discounted or promotional price they received will not apply and they will only be granted a refund assuming that each class that they have taken already be charged at our normal standard hourly non-discounted rate for the package that the Student had selected, and any refund will only be calculated with any excess money left over.
11.1 Rescheduling or Cancellation of Classes
A class may be rescheduled or cancelled by writing an Email to email@example.com or their teacher no later than 24 hours before the original class reservation. A class reservation is considered to be any communication in which the teacher confirms the class. This can be via email, Skype chat, speaking on Skype or scheduling on the Live Lingua student calendar. Any cancellation after 24 hours before the class then the full class credit is payable and will not be re-credited. If no rescheduling has been done and a Student fails to attend the class then that will be deemed as though they have attended and they will be charged for that class.
11.2 Class Attendance
The Teacher will wait for 15 minutes from the start time of the class and if after 15 minutes the Student does not connect to Skype and start the class then the Teacher will treat that class as having been taken and no refund will be given for non attendance.
11.2.1 Cancellation by the Teacher
Occasionally the Teacher may have an unavoidable emergency or illness that could result in them having no option other than to cancel your class for that day or week. When this happens you will be sent an Email as soon as the Teacher knows. You as the Student will not be charged the class credit for the cancelled classes and you are free to re-book your class or classes at a time when the Teacher advises you that they can recommence work.
11.3 Class Scheduling
Classes are scheduled by contacting your teacher directly or if necessary the class coordinator at firstname.lastname@example.org. All classes must be scheduled at least 24 hours in advance.
11.4 Group Classes
When a Group Class is offered or a Group Price is given, that price is given to ONE person even if they decide to have another person join the class. When a group class has been purchased then it is solely the responsibility of the person paying for the class to ensure the other classmate attends the Skype class. No refunds are offered for any group classes purchased under any circumstances.
11.5 Academic Class Hour
Each class that is listed as a one hour class will be allocated a class of 60 minutes. Therefore, all the one hour classes will each have a duration of 60 minutes unless otherwise stated.
12. Gift Cards
12.1 In order to purchase a Gift Certificate, you will need to register an account with us through our Website. Gift Certificates ordered through our Website will be delivered automatically by electronic means to the email address you specify at the time of order. Our Gift Certificates include unique numbers and configurable patterns.
12.2 Our Gift Certificates must be redeemed on our www.livelingua.com, as full or part payment of products from our Website. A Gift Certificate cannot be used to purchase a further Gift Certificate.
12.3 When ordering a Gift Certificate, you should ensure to enter the recipient's email address correctly. We cannot be held responsible if the address is entered incorrectly and someone other than the intended recipient uses the Gift Certificate.
12.4 Site offers and promotions (including gifts with purchase and discounts) do not apply when purchasing gift vouchers.
12.5 Gift Certificates are fully refundable by the buyer if none of the credit has been used.
12.6 If a Gift Certificate is used, all value is transferred to the user.
12.7 Gift Certificates cannot be exchanged - in part or in full - for cash.
12.8 Gift Certificates may only be redeemed against products purchased in the same currency as the Gift Certificate.
12.9 We are not responsible if a Gift Certificate is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances.
13. Use of the Website.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than United States of America). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
14. 3rd Party Sign Ups
If you are signing up somebody else for the services offered on this website (i.e. a business signing up employees, a school signing up students, a parent signing up a child, etc) you agree that it is your responsibility to inform the person or persons you are signing up of the terms and conditions of this Website.
15.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations and terms and conditions, whether written or oral, between you and the Website Owner in respect of your use of the website.The entire terms and conditions are updated regularly and it is the customers own responsibility to keep themselves informed of the latest conditions that affect them and their class or homework purchases.
the Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non script to and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
15.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of United States without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the courts of Massachussetts, USA in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
15.9 Comments or Questions.
If you have any questions about these terms and conditions, the practices of this site, or your dealings with this site, please contact us at: Rayvensoft, LLC
24 Birchbrow Ave
This document was last updated on July 10th, 2017