Terms

Public offer on the conclusion of a contract for the provision of services

This document "Public offer on the conclusion of an agreement for the provision of services for compensation" is an offer by Lingolab OU, to conclude an agreement for the provision of services for compensation on the conditions set out below. Before using the materials and services of the www.lingolands.com website and submitting an application for the provision of services, please read the terms of this offer.

1. Basic terms and definitions used in the Offer

1.1. Site - a set of web pages hosted on the Internet, united by a single address space of the www.lingolands.com  domain , intended for ordering Services via the Internet. The start page of the Site, from which all other web pages of the Site can be accessed, is located on the Internet at www.lingolands.com

1.2. Contractor — Lingolab OU.

1.3. Customer - any person who has entered into an Agreement for the Provision of Services with the Contractor in his own interest or in the interest of the Student, in accordance with the requirements of the current legislation and on the terms of this Offer.

1.4. Student means a person directly receiving the Services. If the Customer concludes the Agreement in his own interest, he is also a Student.

1.5. Service - the actions of the Contractor and persons authorized by him, carried out on the basis of the Customer's Application, to conduct individual and group classes in the study of a foreign language, both in remote form and in the form of joint presence. A complete list and description of the Services is contained on the Site.

1.6. Application - a statement of the Customer about the intention to receive the Services, sent to the Contractor.

1.7. Offer - the text of this document with all annexes, amendments and additions to it, posted on the Site and available on the Internet at www.lingolands.com, containing the conditions and procedure for the provision of the Services.

1.8. Agreement - an agreement for the provision of services for a fee, which is concluded and executed by the Customer and the Contractor in the manner and on the terms provided for in this Offer.

2. General provisions

2.1. The agreement concluded on the terms of this Offer is a legally binding document and governs the relationship between the Customer and the Contractor arising in connection with the provision of the Services.

2.2. By submitting an Application for the provision of Services, the Customer agrees that: a. he has read the terms of this Offer in full; b. full or partial payment for the Services means that he accepts all the terms of this Offer in full without any exceptions and restrictions on his part (acceptance); in. The agreement concluded by accepting this Offer does not require bilateral signing and is valid in electronic form; d. if the Customer does not agree with the terms of this Offer or does not have the right to conclude the Agreement by virtue of law, he should refuse to submit the Application and pay for the Services; e. The offer (including any of its parts) may be changed by the Contractor without any special notice. The new version of the Offer comes into force from the moment it is posted on the Site, unless otherwise provided by the new version of the Offer. The Customer independently monitors all changes made to this Offer.

2.3. The relations of the Parties may be additionally regulated by separate documents and agreements regulating the use of the respective services. The use of such additional documents and agreements does not invalidate this Offer.

3. Subject of the offer agreement

3.1. The Contractor undertakes to provide the Student with services for conducting individual and (or) group lessons in a foreign language remotely and (or) in the form of joint presence according to the Customer's Application, and the Customer undertakes to pay for the Services rendered.

3.2. The specific type, volume, subject, price of the Services, as well as other necessary conditions of the Agreement are determined on the basis of the information provided by the Customer when submitting the Application.

3.3. The Contractor is not an educational organization, after the provision of the Services, the Student is not issued any official documents on education, as well as documents giving the right to engage in educational activities.

4. Procedure for the provision of Services

4.1. The relations between the Customer and the Contractor are subject to the provisions of the Civil Code on the provision of services for a fee, as well as the Law “On the Protection of Consumer Rights" and other legal acts adopted in accordance with them, unless otherwise required by other applicable laws in an applicable jurisdiction.

4.2. Ordering Services on the Site is carried out by the Customer by submitting an Application.

4.3. By submitting an application for the provision of the Services, the Customer agrees to the terms and conditions for the provision of the Services specified below.

4.4. The Customer independently selects the Service and gets acquainted with its description, content, procedure and terms of provision, cost, which are posted on the Site. In case of agreement with the terms of the provision of the Services, the Customer sends the Application for the provision of the Services to the Contractor.

4.5. An application for the provision of Services can be submitted by filling out the appropriate form on the Site or by calling the phone number indicated on the Site.

4.6. After receipt of the Application, the Contractor contacts the Customer to agree on the payment procedure for the Services and clarify technical, organizational issues and other details.

4.7. Each Student has access to one free introductory lesson lasting from 30 to 60 minutes in order to determine the level of language proficiency, draw up an individual program and get acquainted with the methodology and rules for conducting classes.

4.8. After agreeing on all the details and confirming the Application by the Contractor, the Customer pays for the Services in the manner prescribed by Section 6 of this Agreement.

4.9.After payment for the Services, the Customer is considered to have accepted (accepted) the terms of this Offer, and the Services Agreement is considered concluded between the Contractor and the Customer on the terms of this Offer and is subject to mandatory execution.

5. Procedure for the provision of Services

5.1. Services are provided to the Student in the form of classes. Classes are held with the Student by authorized persons of the Contractor (teachers). The contractor has the right to replace the teacher if there is a good reason (temporary disability, vacation, other circumstances). The Customer is notified about the replacement of the teacher by Skype, e-mail or by phone. The customer (student) has the right to demand a replacement of the teacher.

5.2. There are the following types of classes: • individual online classes; • group online classes; • conversational online club; The specific type and scope of classes are determined on the basis of the Customer's Application.

5.3.Planning the date and time of the classes is carried out through the Site (classes control panel). The planning of the date and time of the lesson is carried out both by the Customer (Student) and the teacher.

5.4. Cancellation of classes:

5.4.1. The customer has the right to cancel an individual online lesson by notifying the teacher 3 hours before the start of the lesson. If the lesson is cancelled by the Customer less than three hours before the start of the lesson, the cost of the lesson is not compensated.

5.4.2. Cancellation of online group classes and conversation club is not possible. If the Student missed such a lesson, the money paid by the Customer for this lesson will not be returned.

5.4.3. If the Student is late for an individual lesson (online or offsite), the teacher has the right to shorten the duration of the started lesson and conduct it before the end of the originally scheduled time. If the Student is late for the lesson by more than 20 minutes, the teacher has the right to cancel the lesson, while the funds paid by the Customer for this lesson are not returned.

5.5. In the case of online classes, the provision of the Services is carried out remotely via the Internet through the use by the Student of the necessary technical means, software and information and telecommunication channels. In the event that, through no fault of the Contractor, the Student for any reason could not access the online lesson, the Services are considered to be provided properly.

6. Payment for Services

6.1. Prices for the Contractor's Services are indicated on the Site.

6.2. The Contractor has the right at any time to unilaterally change the prices for the Services presented on the Site. At the same time, the price for the Service that has already been ordered is not subject to change.

6.3. Payment is made in a non-cash form, by transferring funds to the account of the Contractor specified in this Offer using bank cards, incl. Credit, or by bank transfer.

6.4. For legal entities and individual entrepreneurs, it is possible to pay by bank transfer on the basis of the Contractor's account.

6.5. Payment is considered made from the moment of receipt of the entire amount of money to the account of the Contractor.

6.6.The Contractor has the right to provide discounts, bonuses and other preferential conditions for the provision of Services to all or individual Customers.

6.7. The Contractor has the right to limit the available methods of payment for the Services by the Customer.

6.8. The refund of funds paid for the Services is carried out within a month after the request for a refund. The refund amount is the amount of the payment minus the amount of taxes and other payments paid by the school, and minus the cost of the lessons. When returning money in a currency other than the one agreed, the refund amount may differ due to the difference in the exchange rate.

7. Rights and obligations of the Customer

7.1. The customer has the right:

a. get acquainted with the description of the Services, other materials of the Site and submit Applications for the provision of Services;

b. refuse to perform the Agreement if the Contractor refuses to provide the Services;

in. carry out other actions not prohibited by the legislation of the applicable jurisdiction, related to the use of the Site and the provision of the Services.

d. fulfil in full its obligations, including those specified in other sections of this Agreement;

7.2. The customer undertakes:

a. before the conclusion of the Agreement, familiarize yourself with the contents of this Offer;

b. provide the Contractor with all the information necessary for the provision of the Services, reliable information about yourself;

in. pay the cost of the Services;

d. fulfil in full its obligations, including those specified in other sections of this Agreement;

8. Rights and obligations of the Contractor

8.1. The contractor must:

a. provide Services in full according to the Application, on time and at a price agreed by the Parties;

b. free of charge, within the period agreed by the Parties, to correct, at the request of the Customer, the identified deficiencies, if in the course of the provision of the Services there were deviations that worsened the quality of the Services rendered;

in. ensure the confidentiality of personal data about the Customer (Student) in accordance with the relevant legislation

d. provide the Customer with the opportunity to receive free consultations on organizational issues of the provision of the Services;

e. fulfil in full their obligations under other clauses of this Agreement.

8.2.The Contractor has exclusive rights to the content, including software products and online services www.lingolands.com  as a whole and computer programs included in them or used in conjunction with them, databases, reference and information and other text materials, images and other objects of copyright and / or related rights, as well as objects of patent rights, trademarks, trade designations and trade names, as well as other parts of software products and / or online services www.lingolands.com  (regardless of whether they are included in their composition or are additional components, and whether it is possible to extract them from their composition and use them independently) separately. These rights are protected in accordance with the relevant law.

8.3. The Contractor carries out the current management of the Site, determines its structure, appearance, allows or restricts user access to the Site, exercises other rights belonging to it.

8.4. The Contractor decides on the procedure for placing advertising on the Site, participating in affiliate programs, etc.

8.5. The contractor has the right:

a. at any time change the design of the Site, its content, change or supplement the scripts used, software, Content and other objects used or stored on the Site, any server applications, with or without notice to the Customer;

b. send messages to Customers (including messages by e-mail) that are notifications of the introduction of new or cancellation of old Services, approval and publication of a new version of the Offer, notifications containing advertising information about the services of the Contractor.

in. display advertising materials on the Site.

9. Restrictions and prohibitions

9.1. The customer is prohibited from:

a. without the prior permission of the Contractor, reproduce, copy, process, fragment, distribute, download, transmit, provide access to, sell, or otherwise use the training materials of the classes, except for personal use without the purpose of obtaining profit. This prohibition applies both to all classes as a whole and to any of their parts, including any photo / video / graphic / text materials.

b. indicate deliberately false or fictitious information when ordering the Services;

in. to carry out actions aimed at destabilizing the operation of the Site, to attempt unauthorized access to the management of the Site or its closed sections (sections to which access is allowed only to the Contractor), as well as to carry out any other similar actions.

10. Warranties and liability

10.1. The Contractor is not responsible for the quality of the Services, as well as for any adverse consequences for the Customer and (or) third parties that arose in the process of providing the Services and (or) as a result of the provision of the Services, if the Customer provided false information necessary for the provision of the Service;

10.2. The Customer is liable for any violation of the obligations established by the Agreement and (or) applicable law, as well as for all the consequences of such violations (including any losses that may be incurred by the Contractor and other third parties).

10.3. Access to the Site and receipt of Services from the Contractor is not limited by the geographical location of the Customer and is possible from any country. The Contractor is not responsible for any adverse consequences for the Customer if the use of the Site and (or) the receipt of the Services violates the national (local) legislation of the Customer.

10.4. The Contractor is not responsible for the accuracy of information and / or advertising materials of third parties posted on the Site, the availability of their websites and their content, as well as for any consequences associated with the use of information and / or advertising, as well as websites of third parties .

10.5. Since the materials and / or online services of the site www.lingolands.com  are at the stage of constant addition and updating of new functionality, the form and nature of the services provided and the capabilities of the Site may change from time to time without prior notice to the Customer.

10.6. The Contractor guarantees the use, on its part, of the phone number and e-mail address specified by the Customer to communicate with the Customer, send notifications, messages, and other information to the Customer with the consent of the Customer, unless otherwise provided by the current legislation of the Repblic of Estonia.

10.7. The Contractor is not responsible for possible failures and interruptions in the operation of the Site and the loss of information caused by them. The Contractor is not responsible for any damage to the Customer's computer, mobile devices, any other equipment or software caused by or associated with the use of the Site or sites available via hyperlinks posted on the Site.

10.8. The Contractor is not liable for any damage, including lost profits, or harm caused in connection with the use of the Site, ordering the Services.

10.9. The Contractor is not responsible for any damage that may be caused to the Customer, including loss of data, deletion of content or termination of the Site.

10.10. Hyperlinks to any site, product, service, any information of a commercial or non-commercial nature posted on the Site do not constitute an endorsement or recommendation of these products (services) by the Contractor. The Contractor is not responsible for damage caused to the Customer as a result of clicking on such hyperlinks.

10.11. The total amount of the Contractor's liability under the Contract is limited to the amount received by the Contractor from the Customer under the Contract.

10.12. The Parties are released from liability for non-performance or improper performance of obligations under the Agreement for the duration of force majeure. Force majeure means extraordinary and insuperable under the given conditions circumstances that prevent the Parties from fulfilling their obligations under this Agreement. These include natural phenomena (earthquakes, floods, etc.), circumstances of public life (military actions, states of emergency, strikes, epidemics, etc.), prohibitive measures of state bodies (prohibition of transportation, currency restrictions, international sanctions of the ban for trade, etc.). During this time, the Parties do not have mutual claims, and each of the Parties assumes its own risk of the consequences of force majeure.

11. Final provisions

11.1. The Agreement comes into force from the moment of payment for the Services in accordance with clause 4.9. and ends with the full performance of their obligations by the Parties, or upon its termination.

11.2. All disagreements arising between the Parties shall be settled through negotiations. The pre-trial procedure for resolving a dispute arising from relations regulated by the Agreement is considered mandatory. The term for pre-trial settlement of claims is 10 (ten) business days from the date of receipt of the relevant claim. If no agreement is reached on the settlement of the dispute, such a dispute is subject to consideration and resolution in court at the location of the Contractor.

11.3. The law of the relevant jurisdiction shall apply to relations between the Customer and the Contractor.

11.4. Recognition by the court of any provision of the Agreement as invalid and unenforceable does not entail the invalidity of other provisions of the Agreement.

11.5. All notices, messages, demands, claims and other similar documents arising from the Agreement between the Parties sent to each other must be made in writing. These documents, sent by fax or e-mail, with confirmation of their sending, have full legal force and can be used as written evidence.

11. Details of the Contractor

Lingolab OU

Estonia Tallinn, Kesklinna linnaosa, C. R. Jakobsoni tn 3-7, 10128

Email - happy@lingolands.com

 

AGREEMENT

for the processing of personal data

By visiting and using the site www.lingolands.com , I give my consent to the processing by Lingolab OU (hereinafter referred to as the Operator) of my following data:

Surname, name, patronymic, e-mail address (e-mail), phone number , address, bank details, passport details, information from cookies, including: location information; my device type and screen resolution; type, version and language of the operating system installed on my device; type, version and language of the browser (or other program that accesses the site); IP address; the address of the page from where I went to the site (referrer), information about which pages I open and which buttons I click on the site.

Consent is given by me for the processing of my data using automation tools and without the use of automation tools in order to:

• identify me on the www.lingolands.com  website and provide me with access to personalized website resources;

• conclusion and execution of contracts between the Operator and me;

• sending me notifications, requests and information related to the use of the site, the provision of services.

• processing of my inquiries and requests to the Operator;

• providing me with special offers, pricing information, newsletters and other information on behalf of the Operator.

• creating statistics that help the Operator to optimize the structure and content of the site www.lingolands.com , enhance its usability.

The consent to the processing of personal data given by me is valid for an indefinite period, until it is withdrawn by me.

I am informed that I have the right to withdraw consent to the processing of personal data by the Operator at any time by sending a notification to the email address:  with the note happy@lingolands.com "withdrawal of consent to the processing of personal data".

I have read and agree with the policy regarding the processing and protection of personal data of users of the site www.lingolands.com 

Details of the CONTRACTOR

Lingolab OU

Estonia Tallinn, Kesklinna linnaosa, C. R. Jakobsoni tn 3-7, 10128

Email - happy@lingolands.com