Terms and Conditions of Use: Lengalia

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 Conditions.

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 the Lengalia learning portal where different Spanish courses, podcasts, videos that can be purchased either individually or as a flat rate fee. These are 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 and a choice of many Spanish courses). Further information can be found on the following “AGBs“and on the www.lengalia.com website ('learning Spanish for free').

IV Requirements needed to use Lengalia online
§ 1 Technical Requirements/ testing duty of the user
All you need to learn Spanish on our learning platform is a device with access to the internet (smartphone, laptop, tablet, desktop PC, etc.) and a recently updated web browser.
Before concluding the contract, the customer is obligated to check if he/she can provide the technical requirements needed for 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 username and password confidential and they must not share confidential information with others. The user is obligated to protect his/her username and password from misuse by a third-party. Any activities that are carried out with the user's authorisation 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 will be immediately terminated and there is no claim for refund of the costs already paid for the course.
You also guarantee that all the information you provide to Lengalia in the registration process is true, correct and complete and you undertake to ensure this at all times. 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 authorised to cancel the contract without further notice and without the user's claim for a refund of the costs for the courses.

§ 4 Extension and updates of the service
Lengalia is authorised 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 has the legal right to to the downloaded or printed material. 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 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 on 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 to which the user has confirmed it as an allowable contract entry.
Details about data protection at Lengalia can be found online here.

§ 8 Age limit for the use of Lengalia
By accessing and using our platform, you certify that you are at least 18 years old or older than 16 years and you have the consent of your parents or guardian (in which case the parent is responsible for all activities carried out by the student), and you must be authorised to enter into a legally binding contract with us and must not be prevented from doing so by any applicable law.

§ 9 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 trader or an official from 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
In order to use the Spanish courses/podcasts/videosrequires pre-registration. By clicking the button “Buy“ and by confirming payment, the user submits a binding quote to order the selected period of access from a Spanish course/podcast/video or Flat Rate at Lengalia. The user is then obligated to pay the fee. Having paid, 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.

(3) Termination of the Right of Withdrawal
The Right of Withdrawal terminates earlier if the contract has been fulfilled by 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 paid 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 has opted for. 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 the learning portal allows the user access to the paid 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 (It may be the case that the level/course in the desired language is not yet available), a verb conjugator, a learning statistics, an online translator (languages available for translation include: English, German, Portuguese, Italian, French, Russian, Dutch and Polish), a voice recoder and a data bank with more than 1000 questions and answers.

  § 3c The "Spanish Tutor"
This service is included in your subscription and is available throughout your contracted access period. The tutor service is only available to subscribers. Our team offers support in relation to the use and functioning of our learning portal and any technical problems that may arise. They can also help you choose the course that best suits your needs.
You can access tutor support Monday to Friday from 11 am to 1 pm and from 3 pm to 5 pm (CET – Central European Time). For logistical reasons, we can’t guarantee that tutors will respond immediately, either to a live chat message or a phone call (due to simultaneous use by a large number of  users, for example). Nevertheless, Lengalia endeavours to  attend to all calls and requests in a timely manner, thus ensuring a reasonable availability of tutors.

§ 4 Delivery of service
The Lengalia service makes the learning platform available for the paid Spanish course/podcast or videos.  This becomes available as soon as the fee for the chosen Spanish course has been successfully transferred to Lengalia.
The user always must 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.

§ 6 Billing/ Conditions of payment
The user automatically receives an invoice in accordance with the paid Spanish course. 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 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 Spanish course/podcast/video has been paid for. 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 must be completed on the 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 (username, password). Furthermore, Lengalia points out that the transmission of user data (password and username) over the Internet, given current technology, is not completely safe.

These terms and conditions are in place as of January 1, 2023.

Online Dispute Resolution
In accordance with Article 14 (1) of the ODR Regulation and Article 36 of the VSBG The EU Commission provides a platform for out-of-court disputes. Consumers gives this the opportunity to clarify disputes related to their online booking initially out of the ordinary. The dispute settlement platform can be found here: https://webgate.ec.europa.eu/odr. The company does not participate in a dispute settlement procedure before a consumer sacking agency.

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