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 Services from this website must register first.
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 Services 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 Services you order will be displayed prior to you placing the order with us.
4.2 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.
4.3 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/debit card or Paypal account, on your Activation Date, the applicable fees indicated at the time you registered for the subscription.
4.4 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/debit 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.
4.5 Your Billing Date: Your credit /debit 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.).
4.6 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
5.1 For subscriptions, your chosen subscription rate will be extended automatically at the end of each period and can easily be cancelled by contacting us at firstname.lastname@example.org or calling us on +44 (020) 3886 0850.
6. Cancellation by us
6.1 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.
7.1 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.
7.2 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.
7.3 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.
7.4 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.
8.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at “Learn French With Alexa Ltd, Studio 101 at Unit 1, Harrington Way, Warspite Road, London SE18 5NR”, or by email to email@example.com and all notices from us to you will be displayed on our website from time to time.
9. Events beyond our control
9.1 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.
9.2 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 video and other downloads available in any category at any time.
9.3 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).
10.1 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.
12. Third party rights
12.1 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.
13. Governing law
13.1 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.
14. Entire agreement
15. 3 Here are the details that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, known as General Data Protection Regulation (GDPR) says we have to give you as a 'data controller':
- Our site address is http://learnfrenchwithalexa.com
- Our company name is Learn French With Alexa Ltd
- Our registered address is 5 White Oak Square, London Road, Swanley, Kent, BR8 7AG.
- Our nominated representative/Data Protection Officer is Adam Thursby and they can be contacted at firstname.lastname@example.org.
16.1 We may collect and process the following data about you:
- Information you put into forms or surveys on our site at any time
- A record of any correspondence between us
- Details of transactions you carry out through our site
- Details of your visits to our site and the resources you use
- Information about your computer (e.g. your IP address, browser, operating system, etc.) for system administration and to report aggregate information to our advertisers
16.2 Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
a) you have given consent to the processing of your personal data for one or more specific purposes;
b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
c) processing is necessary for compliance with a legal obligation to which we are subject;
d) processing is necessary to protect the vital interests of you or of another natural person;
e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our credit card payment processing, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
16.3 When you register on our Website we need to know your name, username, email address and password. When you order any Services from the Website we will require additional information such as postal address, telephone number, credit card number and expiry date (or as required).
16.4 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.
[All Cookies used by and on our website are used in accordance with current English and EU Cookie Law.]
17.2 A few of the cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the site and will last for longer.
17.3 All cookies used on our site are set by us.
17.4 Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can prevent the setting of cookies by adjusting the settings on your browser. Please note however, that by blocking or deleting cookies you may not be able to take full advantage of the site.
17.5 Our cookies will be used for:
17.5.1 Essential session management
- creating a specific log-in session for a user of the site in order that the site remembers that a user is logged in and that their page requests are delivered in an effective, secure and consistent manner;
- recognising when a user of the site has visited before allowing us to identify the number of unique users we receive to the site and make sure we have enough capacity for the number of users that we get;
- recognising if a visitor to the site is registered with us in any way;
- we may also log information from your computer including the existence of cookies, your IP address and information about your browser program in order to allow us to diagnose problems, administer and track your usage of our site.
- customising elements of the promotional layout and/or content of the pages of the site.
17.5.3 Performance and measurement
- collecting statistical information about how our users use the site so that we can improve the site and learn which parts are most popular to users.
18. How we use what we collect
18.1 We use information about you to:
- Present site content effectively to you.
- Provide information, products and services that you request, or (with your consent) which we think may interest you.
- Carry out our contracts with you.
- Allow you to use our interactive services if you want to.
- Tell you our charges.
- Tell you about other goods and services that might interest you. We will also let other people do this, and we (or they) may contact you.
18.2 If you are already our customer, we will only contact you electronically about things similar to what was previously sold to you.
18.3 If you are a new customer, you will only be contacted if you agree to it.
18.4 If you don't want to be contacted for marketing purposes, please tick the relevant box that you will find on screen.
18.5 Please note: We don't identify individuals to our advertisers, but we do give them aggregate information to help them reach their target audience, and we may use information we have collected to display advertisements to that audience.
18.6 In addition, if you don’t want us to use your personal data for any of the other reasons set out in this section in 18, you can let us know at any time by contacting us at email@example.com, and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible products and services to you.
18.7 In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the products and services we can provide you if you don’t provide your personal data in these cases.
19. Where we store your data
19.1 We may transfer your collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA to fulfil your order and deal with payment.
19.2 By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.
19.3 Payment will be encrypted. If we give you a password, you must keep it confidential. Please do not share it. Although we try to provide protection, we cannot guarantee complete security for your data, and you take the risk that any sending of that data may turn out to be not secure despite our efforts.
19.4 We only keep your personal data for as long as we need to in order to use it as described above in section 18, and/or for as long as we have your permission to keep it. In any event, we will conduct an annual review to ascertain whether we need to keep your personal data. Your personal data will be deleted if we no longer need it.
20. Disclosing your information
20.1 We are allowed to disclose your information in the following cases:
- If we want to sell our business, or our company, we can disclose it to the potential buyer.
- We can disclose it to other businesses in our group.
- We can disclose it if we have a legal obligation to do so, or in order to protect other people's property, safety or rights.
- We can exchange information with others to protect against fraud or credit risks.
20.2 We may contract with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. These are the third parties that have access to your information:
- Stripe (for payment processing): https://stripe.com/
- PayPal (for payment processing): https://www.paypal.com/
- Send In Blue (for newsletter): https://www.sendinblue.com/
- Lucky Turn Media (website management): https://luckyturnmedia.co.uk/
- Digital Ocean (website host): https://www.digitalocean.com/
- Capsule (Customer Relationship Management CRM software): https://capsulecrm.com/
Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under GDPR and the law.
21. Your rights
21.1 You can ask us not to use your data for marketing. You can do this by ticking the relevant boxes on our forms, or by contacting us at any time at Studio 101 at Unit 1, Harrington Way, Warspite Road, London SE18 5NR or firstname.lastname@example.org.
21.2 Under the GDPR, you have the right to:
- request access to, deletion of or correction of, your personal data held by us at no cost to you;
- request that your personal data be transferred to another person (data portability);
- be informed of what data processing is taking place;
- restrict processing;
- to object to processing of your personal data; and
- complain to a supervisory authority.
21.3 You also have rights with respect to automated decision-making and profiling as set out in section 25 below.
22. Updating your details
22.1 If any of the information that you have provided to us changes, for example if you change your e-mail address, name or payment details or if you wish to cancel your registration, please let us know the correct details by sending an e-mail email@example.com or by sending a letter to Learn French With Alexa Ltd, Studio 101 at Unit 1, Harrington Way, Warspite Road, London SE18 5NR.
23. Links to other sites
23.1 Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our site. We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
25. Automated Decision-Making and Profiling
25.1 In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.
25.2 The right described in section 25.1 does not apply in the following circumstances:
a) the decision is necessary for the entry into, or performance of, a contract between the you and us;
b) the decision is authorised by law; or
c) you have given you explicit consent.
25.3 Where we use your personal data for profiling purposes, the following shall apply:
a) Clear information explaining the profiling will be provided, including its significance and the likely consequences;
b) Appropriate mathematical or statistical procedures will be used;
c) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.
26. Your consent
26.2 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.
27. Dispute Resolution
27.2 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
27.3 If the parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.
27.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the parties or by LawBite in accordance with their mediation procedure), the parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.
27.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings.
27.6 If the parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both parties, shall be final and binding on them.
27.7 If the parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the parties) of the mediator being appointed, or if either party withdraws from the mediation procedure, then either party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.
28 How to contact Learn French With Alexa Ltd.
28.2 Alternatively please write to Learn French With Alexa Ltd, Studio 101 at Unit 1, Harrington Way, Warspite Road, London SE18 5NR or telephone our UK office on +44 (020) 3886 0850.