1.1 In these terms and conditions the following words shall have the associated meanings:
“We, us, our” means Learn French With Alexa Limited a company registered in England and Wales with registered number 6822119 and whose registered office is at 5 White Oak Square, London Road, Swanley, Kent, BR8 7AG.
“You, your” means a user viewing or using the Website or placing an order on the Website
“Website” means the website http://www.learnfrenchwithalexa.com
“Service(s)” includes any version of the Learn French With Alexa website and streaming or downloading audio/video, and any other service provided through the Learn French With Alexa subscription service and/or website.
2.1 Anyone proposing to order goods from this website must register first. Your Username and Password will be provided to you automatically by email once the relevant payment has been received.
2.2 It is important that you keep your username and password confidential and do not let anyone else know or use these details.
2.3 We reserve the right to terminate your registration and delete your details in the following circumstances:
2.3.1 You request that we do so;
2.3.2 We believe that your registration details have become known by a third party;
2.3.3 You are using the site for anything that in our discretion we consider to be illegal, immoral, offensive, abusive or a breach of these terms;
2.3.4 We consider your use of the site in our discretion is, or potentially is, a breach of intellectual property rights held by us or any third party; or
2.3.5 You upload or attempt to upload anything that is considered to be in our discretion a virus, Trojan horse, worm or other type of program that is considered malicious.
2.4 If we terminate your registration we will be entitled to either process or cancel any outstanding order with us at our discretion. If we cancel any order under these circumstances then you will be entitled to a full refund of any money which we will re-credit to you within 30 days.
3 The contract between us
3.1 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
3.2 If any details in your order are incomplete or incorrect we will contact you before processing your order. Although we try to keep errors to a minimum there may be occasions when details or prices are inaccurate on the Website.
4 Term, Fees and Payments
4.1 The prices payable for each of the items or subscriptions you order will be displayed prior to you placing the order with us.
4.3 Applicable fees for Services may include a periodic (e.g., monthly, quarterly or annual) subscription fee based on the particular Service requested, transaction fees, taxes, and additional fees for the purchase of permanent downloads.
4.4 Free Trial Period: Once you have registered for a subscription to the Service(s) of your choice, we may offer you a one-time, free trial period during which you can try out such Service(s) for free (“Free Trial Period”). The length of any such Free Trial Period, and the particular Services included, may vary from time to time, and will be indicated at the time you register for your subscription. If you terminate your subscription prior to the expiration of the Free Trial Period, you will not have any financial obligation with respect to your subscription, and you will not be charged for your use of the Service. Each user is entitled to a Free Trial Period only one time per Service. If you subscribe to a Service after you have already received a Free Trial Period on such Service, you will be billed immediately upon registration. Free trials are also limited to one per credit card or Paypal account. Should two customers use the same credit card or Paypal account to subscribe to Learn French With Alexa, only the first customer is eligible to receive a Free Trial Period.
4.5 Initial Subscription Payment: By registering for one of the Services, you agree that you will pay the applicable fees for the Service that you select upon registration. You agree that we will charge your credit card or Paypal account, on your Activation Date, the applicable fees indicated at the time you registered for the subscription.
4.6 Automatic Subscription Renewal: Unless you notify us of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term. Your renewed subscription will have the same duration as the subscription being renewed. At the time of renewal, your credit card or Paypal account will be charged our then-current fees for the applicable subscription, provided that if the fee for your renewal Service has increased, we will notify you at your designated email address at least fourteen (14) days prior to renewal so that you have an opportunity to elect not to renew.
4.7 Your Billing Date: Your credit card or Paypal account will be charged for the renewal term of your Service on your billing date (“Billing Date”), based on the type of subscription (e.g., on a particular date each month for a monthly subscription; on the three-month date for a quarterly subscription, etc.).
4.8 No Refunds: All fees paid and charges made prior to termination as provided herein, including any advance charge or payment for the subscription term during which you terminate your subscription, are nonrefundable. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.
5 Right for you to cancel your contract
5.2 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
5.3 You cannot cancel your contract if the goods consist of audio or video recording or computer software which you have taken out of the sealed package in which it was delivered to you.
5.4 To cancel your contract you must notify us in writing.
5.5 If you have received the goods before you cancel your contract then unless, under clause 5.2, you do not have a right to cancel you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
5.6 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited (including any postal charges) to your account as soon as possible and in any event within 30 days of your order.
5.7 If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
6 Cancellation by us
6.1 For physical goods we reserve the right to cancel the contract between us if:
6.1.1 we have insufficient stock to deliver the goods you have ordered;
6.1.2 we do not deliver to your area; or
6.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information.
6.2 If we do cancel your contract for physical goods we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6.3 For downloadable products and subscriptions you agree that Learn French With Alexa, in its sole discretion, with or without prior notice, may freeze or terminate your user name, password or use of the Service(s) (or any part thereof) for any reason, including, without limitation, if Learn French With Alexa believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Learn French With Alexa may also in its sole discretion and at any time modify or discontinue providing the Service, or any part thereof, with or without notice. Further, you agree that Learn French With Alexa shall not be liable to you or any third-party for any interference with or termination of your access to the Service. Learn French With Alexa expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your service immediately for your failure to comply with any such law.
7 Delivery of goods to you
7.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
7.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
7.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
8.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
8.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
8.3 If you notify a problem to us under this condition, our only obligation will be, at your option:
8.3.1 to make good any shortage or non-delivery;
8.3.2 to replace or repair any goods that are damaged or defective; or
8.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
8.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 8.3.3 above.
8.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the ex-port or import of the goods you purchase.
8.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
8.7 We are providing this site on an ‘as is’ basis and make no representations or warranties of any kind with respect to this site or its contents and disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
8.8 Neither we nor any of our directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
8.9 We are the proprietor/exclusive licensee of get-up in and unregistered trade marks. All other trade marks, brand names, product names and titles and copyrights used in this site are trade marks, brand names, product names or copyrights of their respective holders. No permission is given by us in respect of the use of any of them and such use may constitute an infringement of the holder’s rights.
10 Events beyond our control
10.1 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
10.2 Learn French With Alexa will make reasonable efforts to keep your account and the Service(s) operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty-four (24) hours in advance of any downtime that we anticipate in advance will exceed one hour.
10. 3 Learn French With Alexa also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the website and Service(s) with or without notice. Learn French With Alexa reserves the right to change or remove the audio and other downloads available in any category at any time.
10.4 Learn French With Alexa shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Service(s).
11.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
13 Third party rights
13.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14 Governing law
14.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
15 Entire agreement
17 The information we collect and how we use it
17.1 When you register on our Website we need to know your name, username, email address and password. When you order any items from the Website we will additional information such as postal address, telephone number, credit card number and expiry date (or as required)
17.2 We gather this information to allow us to process your registration and process any orders you may make. The relevant information is then used by us, our agents and sub-contractors to provide you with statements of your account and to communicate with you on any matter relating to the conduct of your registration and the provision of goods in general.
17.3 We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the website and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.
17.4 From time to time we may provide your information to our customer service agencies for research and analysis purposes so that we can monitor and improve the services and products we provide. We or our agents and sub-contractors may contact you by post, e-mail or telephone to ask you for your feedback and comments on our services and products.
18.1 We may utilise cookies to assist with the operation of the Website
19 How we protect your information
19.1 The Internet is not a secure medium. However we have put in place various security procedures as set out in this policy.
19.2 We also keep your information confidential. Our internal procedures cover the storage, access and disclosure of your information.
20 Sale of business
20.1 If this business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
21 Updating your details
22 Your consent
22.2 Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside the European Economic Area that do not have similar protections in place regarding your data and its use as set out in this policy. However, we have taken the steps outlined above to try to improve the security of your information. By submitting your information you consent to these transfers.
23 How to contact Learn French With Alexa Ltd.
23.2 Alternatively please write to Learn French With Alexa Ltd, PO Box 44848, London, SE18 3YA or telephone our UK office on +44 (020) 8856 5131.