Terms and Conditions

Terms and Conditions of the learning portal Lengalia
Only the German version of these Terms and Conditions is binding.
Before you use the website www.lengalia.com, please make sure you have read the Terms and Conditions carefully. By using the services that are offered on this website, you are agreeing to the Terms and Conditions.
Information about the right of withdrawal for customers, which is regulated by law, can be found under Paragraph V §2 of these Terms and Conditions.
References for saving information can be found in Paragraph II of these Terms and Conditionin

I Validity of the Terms and Conditions

The Terms and Conditions are deemed to be the basis for completing the contract between the contractor, Lengalia, and its contractual partner, and address all services offered on the Internet website www.lengalia.com.
The terms of business of Lengalia apply to natural and legal persons, hereafter named users, who make use of the Lengalia service.
The user, as understood by these Terms and Conditions, and as understood by § 13 “BGB“, refers to a person entering a contract for the purpose that belongs neither to their commercial nor professional occupation.

II Remarks on saving and printing these Terms and Conditions (“AGBs”)
The “AGBs“ can be found on www.lengalia.com at any time and can be printed at all times. Furthermore, the “AGBs“can be downloaded to the user's computer.

III Subject Matter of the Contract
For the purpose of learning Spanish on the Lengalia platform, the user is offered both free and non-free services. There is no legal claim for the service offered by Lengalia.
Services requiring a fee consist of a period of access to thr learning portal Lengalia where different Spanish courses, Podcasts, Videos that can be purchased either individually or as a flat rate fee. They get to disposión associated learning materials and learning resources mentioned on the website.
The free service offers a Spanish language exchange service and different learning material for the user (e.g. Spanish movies, podcasts, a choice of many Spanish courses). Further information can be found in the following “AGBs“and on the Internet website www.lengalia.com ('learning Spanish for free').

IV Requirement for the use of any offers by Lengalia
§ 1 Technical Requirements/ testing duty of the user
For the use of the platform, a computer with access to the Internet (preferably ISDN, ADSL) and a recent update of the browser are necessary.
Before concluding the contract, the customer is obligated to check if he/she can provide the technical requirements for receiving the service. The user is responsible for providing the technical requirements at his/her own cost.

§ 2 Obligation to maintain confidentiality/ Legal consequences by infringement

The user is obligated to keep his/her user name and password confidential and therefore not to give away this data. The user is obligated to protect his/her user name and password from misuse by a third-party. Any activities that are carried out with the user's authorization are the responsibility of the user.
The access to the platform is limited to the user. If more than one person is simultaneously logged in with the same user-account, the contract is dissolved and there is no claim for refund of the costs already paid for the course.
Lengalia reserves the right to exclude the user and lock access to the platform if the contract is broken.

§ 3 Right of use
Persons who make use of the offered service from the Lengalia platform have the right to use only the offered data privately. Using this data for commercial purpose is not allowed. Furthermore, it is not permitted to give access to the user's account to a third-party. In case of infringement, the user is obligated to pay compensation for damages. Lengalia is then authorized to cancel the contract without further notice and without a user's claim for a refund of the costs for the courses.

§ 4 Extension and updates of the service
Lengalia is authorized to update and extend any service for the benefit of the user. This ensures that services offered in the contract, agreed to by both parties, are made available to the user.

§ 5 Proprietary Rights
Copyright/ Right to a Name
Any content created and provided by Lengalia is copyrighted and proprietary and may neither be duplicated nor used commercially. The same applies for extracted data. In case of infringement the customer is obligated to pay compensation for damages. Lengalia is then authorized to cancel the contract without further notice and no refund will be given to the user.
By downloading, saving and printing the material from the Lengalia website, the user legal rights to it. The copyright for any material which is provided by Lengalia is for Lengalia only and will not be given away.
The Lengalia icon and the name of the Lengalia Company are protected by the Right to a Name. Use of the name needs to be permitted by the Lengalia Company.

§ 6 Links
The learning portal www.lengalia.com contains selected links to other Internet websites over which Lengalia has no influence. Nor does the company take responsibility for the data and content of other websites, nor does Lengalia accept liability. On May 12, 1998 the Regional Court of Hamburg judged that by placing links on the website, a company would be jointly responsible for damages that might occur from linked websites. This can only be prevented by explicitly disassociating oneself from any content of linked websites.
Therefore Lengalia explicitly dissociates itself from any content of the linked websites on the Lengalia homepage and does not claim any of the contents as its own. Lengalia is not liable for any damage done by third-parties (unless such actions are intentional) on the website.

§ 7 Data Protection
Lengalia respects the privacy of all users. Lengalia treats any personal information of the user confidentially and only provides as much user information to other websites as necessary, and to the extent that the user has confirmed it as an allowable contract entry.
Details about data protection at Lengalia can be found online here.

§ 8 Applicable Law/ Place of Jurisdiction
The Law of the Federal Republic of Germany (FRG) applies to any legal transaction or other legalities relating to Lengalia. The application of international arrangements, even if accepted into German Law, is not included.
During the contract with a user, this is only the case if the user were to lose the security of various federal consumer-protection laws, which are essential to all persons.
If the user is a businessman or a official of public law, the place of business of the Lengalia company is to be the place of jurisdiction for any civil dispute regarding these business conditions and about the validity of any conclusion of the contract with the Lengalia company.

V Conditions for the usage of the Spanish courses/Podcasts/Videos
§ 1 Conclusion of a contract
Participation in Spanish courses/Podcasts/Videos requires pre-registration. By clicking the button “Buy“ and by confirming payment, the user submits a binding quote to order the selected period od access to the Spanish course/Podcast/video or Flat Rate at Lengalia. The user is then obligated to pay the fee. After booking, the user automatically receives a booking confirmation via email. The contract between the user and Lengalia is valid upon receipt of the payment confirmation.

§ 2 Right of Withdrawal

(1) Declaration of Revocation
You are entitled to withdraw your agreement to the contract within fourteen days of submitting a contract. No reasons must be given, but the withdrawal must be communicated in written form (via a letter). The withdrawal period begins only after receiving this written text, to ensure the cancellation, the user only needs to ensure the timely arrival of the letter at, the address of: Lengalia, Schmarjestr. 42, 22767 Hamburg, Germany

(2) Consequences of Withdrawal
If a user has effectively withdrawn, any transactions in which both parties participate (i.e., payments, downloaded lessons, etc.) are to be returned to the owners, respectively. If this service cannot be returned, then it must be paid for. In this case the user may be required to pay for any services or benefits gained during the time before the contract withdrawal was confirmed.
In case of an effective withdrawal, Lengalia refunds a user fee to the customer.
- The refund of the user fee is free for customers who have a bank account within the European Union. The Lengalia refund of costs already paid for the course is carried out via bank transfer to the bank account of the customer. The customer therefore must send his own bank data to Lengalia (IBAN, BIC / SWIFT Code).
- The refund of the user fee is free for customers who have a PayPal account, but only if this was the user's method of payment for the course fee and to receive reimbursement after ending the contract.
- Users within the European Union who only use their PayPal account to receive the refund once the contract is over will be charged interest of 1.9% +0.35€ (from PayPal). Users outside of the European Union will be charged interest of 3.9% + 0.35€ (from PayPal). Users who do not have a bank account within the European Union are therefore recommended to open a PayPal account when entering the contract.
- If the user neither has a bank account within the European Union nor a PayPal account, the refund will be carried out via BEN-transfer. This means the receiver of the refund (the user or the one responsible for the withdrawal) pays any fees that come with the transfer of the refund. Therefore Lengalia recommends such users to inquire first at a bank about the additional fee.

(3) Termination of the Right of Withdrawal
The Right of Withdrawal terminates earlier if the contract has been fulfilled for both parties and the user has explicitly agreed to this before making use of the Right of Withdrawal. This is the case when the user logs in on the Lengalia website of their own accord and accesses the booked Spanish course which can be found on the Lengalia learning platform.

§ 3 Terms of Contract
The service provided by Lengalia depends on the course/podcast/videos and the period of access the user booked. The contents and the corresponding costs can be found on the Lengalia website www.lengalia.com under “Prices”.
  § 3a Spanish courses, podcasts and videos
Access to Learning Portal allows the user access to the booked by him lessons, podcasts, and videos and their corresponding learning material. All in Flat (All our courses, podcast und videos included.)
  § 3b Learning tools
The user has a virtual teacher, a vocabulary trainer, a verb conjugator, a forum, a statistical analysis, questions & answers and a translation tool available during the life of their choice.
  § 3c The "Spanish Tutor"
is an additional service for free for the registered users. It is a component of the Spanish course/podcast/video or flat rate booked. The user has the possibility to ask an unlimited amount of questions via chat or on the phone (via Skype), concerning the contents of the booked course. In this context there is no learning progress control by the Lengalia team of teachers however the user has the chance to use the teacher's support from Monday to Friday from 11am to 1 pm and from 3pm to 5pm (CET – Central European Time). There is no guarantee for an immediate answer in a chat or to a phone call by the teachers due to logistical reasons (simultaneous use by many users, for example). Nevertheless Lengalia endeavours to deal with any call or request in a timely manner ensuring a reasonable level of available teachers.

§ 4 Delivery of service
The Lengalia service (making available the learning platform for the booked Spanish course/Podcast/Videos) becomes due at the time when the fee for the booked Spanish course has been transferred to the Lengalia bank account.
The user always has to pay in advance and this is due immediately after the conclusion of the contract.

§ 5 Prices

Prices for any Spanish courses are those published and applicable at the time of ordering. All mentioned prices are final prices and include the value added tax in the amount of 19 per cent.

§ 6 Billing/ Conditions of payment
The user automatically receives an invoice in accordance with the Spanish course booked. The invoice is sent via e-mail; therefore the user waives the right to a hard copy of the invoice and agrees to electronic billing.
The user can choose any way of paying as provided on the Lengalia website.
After receiving payment for the Spanish course the learning platform will be activated for the user. The user then receives the confirmation message, which will notify whether the registration was successful, and afterwards the user can use the chosen email address and password to log in.

§ 7 Period of contract/ Cancelling of the contract

The learning platform can be used anytime by the user, as long as the booked Spanish course/podcast/video has been booked. After the period of access, the contractual relationship between the user and Lengalia automatically ends and the user does not have to cancel his contract.
If the user wants to use the Spanish platform again a new contract has to be completed on the Lengalia website.

§ 8 Liability
The liability of Lengalia for any damages by inapplicable content, technical and operational failures or any damages are limited to deliberate action and gross negligence. Therefore Lengalia is not liable in the case of simple negligence. The user is only excluded from liability in the case of a simple negligence when it does not comprise a violation of cardinal duties; which is particularly important contractual duties, negotiated by Lengalia.
Any liability for unexpected damages for any user is excluded.
Lengalia is not liable for any damages that occur to the user by misusing the account data (user-name, password). Furthermore, Lengalia points out that the transmission of user data (password and user-name) over the Internet, given current technology, is not completely safe.

VI Use of the free service
Lengalia's language exchange service
§ 1 Content
Lengalia offers a language exchange service on their Internet website. The use of this service is for the purpose of language exchange only.
The language exchange enables a user to learn, improve or practice a certain language with the help of another user and in return he/she helps the other person to improve his language skills in another language. Therefore, both parties support each other in learning, improving and using the new language. For this purpose, the Lengalia users may browse for other users on the platform and contact them via Lengalia's email system.
Use of the service for commercial purposes is not permitted.

§ 2 Registration / Use of the language exchange
By registering on the Lengalia platform, the user gets the chance to create a personal profile on the website. This profile can be seen by other registered members. After registration the user can view other users' profiles as well. Language exchange members can contact each other by using the Lengalia email system. On all member profiles, the user can find contact information, and by clicking on the link “Write an Email”, all users can contact one another.
The exchange of any private contact data on the Lengalia platform for any language exchange service between the users is at one's own risk. Lengalia reserves the right to view any email which is sent within the Lengalia email system and is able to match the email to its user.

§ 3 User Fee
The language exchange services are free of charge.

§ 4 Period of Usage
Use of the language exchange service can be terminated at any time by deleting the user account (My profile – delete my account).

§ 5 User's Obligations
The users are restricted to use the services for language exchange only. Any entries not pertaining to language exchange are forbidden. The Lengalia platform is not a dating website; however, it is an exchange website for language exchange partners and contacts.

§ 6 Deletion of Entries in Violation of Contract

Lengalia reserves the right to delete profiles and emails of users without their agreement and without indicating reasons should they be in breach of contract. In particular are entries not related to language learning and contain immoral or objectionable comments.

§ 7 Restriction of Liability
Lengalia does not take any responsibility for the functionality of this area nor for consequences arising from it. Lengalia does not take responsibility for the accuracy or legitimacy of entries made by users.

Annex I
Terms and conditions of use for the forum
§ 1 Duties of the user/ Impermissible entries
The user is obliged not to post any forbidden or unwanted entries.
According to site policy the following entries count as forbidden and unwanted:
- Entries with an extreme political or religious background or content
- Entries that contain any illegal, pornographic, youth-intimidating, insulting or libelous material and content
- Entries that contain any kind of copyrighted material (for example song texts), it is not permitted to post texts from other websites that seem like quotes
- Entries containing any personal data (telephone numbers, email accounts, etc.)
- Entries that infringe on established laws or public moral
The user is solely responsible for any content that is published by him (texts, pictures etc.) and confirms that he will not post any copyrighted texts nor publications in the forum.

§ 2 Consequences Arising from Infringements by the User
Lengalia reserves the right to delete remove or edit any entries that do not meet the rules of the forum. This does not require the approval of the author. Should a user knowingly, and despite warning, continue to post such material, Lengalia is authorized to terminate the contract without prior notice and the user forfeiting any claim to a refund for the course.

§ 3 Copyrights

The copyright of any entry stays with the author. By posting an entry, the author transfers the irrevocable right of use for his entry to the forum. The exclusive right of use for the entries stays in the forum even after the user's account is deleted and the contract is terminated.
Entries of any moderators also become the property of the forum and can be used at will. This is also the case after a moderator leaves.

§ 4 Moderator
Moderators are appointed and dismissed by the administrator of the forum.
Moderators are members of the forum that have extended rights as listed hereafter:
a) Without any explanation moderators can move, edit and delete any entry or close complete postings. They are only responsible for explaining their decisions to the administrator.  
b) Moderators may issue suggestions about observing the forum rules to any user of the forum.
c) Moderators are responsible for conciliating heated discussions between users of the Lengalia forum.

§ 5 Rights of Ownership
The administrator, or the moderators on his behalf, reserve the right to warn, lock or delete the user's account in case of infringement of the rules of the forum. The administrator executes the rights of ownership in this forum.
These rights do not only refer to the user-names, but also to the person behind it.

§ 6 Liability
Lengalia is not liable for correcting or completing entries by forum members. It is the responsibility of the Lengalia user to check accuracy of content from forum members.

These instructions are effective as of October 1, 2013.