Terms of Service
Effective date: 23/06/2024
1. PRELIMINARY CLARIFICATION
The website available at the address "www.useyourspanish.com" (hereinafter the Website) is operated by and is the property of the limited partnership Mogott, located at Boldriesstraat 19, 8930 Lauwe, registered in the Crossroads Bank for Enterprises under number BE 1009696061.
This section offers legal information about the terms of service and conditions of Use your Spanish (referred to herein as "UYS," "we," "us," or "our"). Use your Spanish provides a variety of online learning tools and services designed to help people enhance their Spanish language skills.
Through this page, we aim to inform you about the terms governing the use of the Website and associated products and services (collectively referred to as the "Service" or "Services").
We will outline aspects such as the protection and usage terms of our materials, the terms under which we provide products and services, and our approach to handling your personal data.
2. ACCEPTANCE OF TERMS
Your use of the Service is subject to your acceptance, without alteration, of all the terms outlined here. We encourage you to carefully review this page before utilizing our Services. By accessing or using our Services, you acknowledge your agreement to these terms of use. If you do not agree with these terms, you are not authorized to use, access, or engage with the Service.
By accessing or using the Service, you also confirm that you are at least 18 years old or have obtained permission from your parent or legal guardian if you are under the age of 18.
These terms may be updated periodically. Therefore, please revisit them regularly for any changes. The most recent version of the terms can always be found on the Website. Your continued use of the Service implies acceptance of any modifications made to the terms.
3. PRICING AND PAYMENT
By placing an order for any of our Services, you agree to pay the listed fees (including VAT if applicable) using one of the accepted payment methods. We reserve the right to adjust the fees for our Services; however, such changes will not affect already purchased and paid-for Services.
In the case of our membership subscription, you have the option to cancel at any moment, independently of the type of subscription you purchased. However, keep in mind that we do not have a refund policy. We do not provide refunds for membership subscriptions. We have made this choice to maintain fair access to our downloadable materials. Our aim is to ensure unrestricted access to all our content from day one. Offering refunds after accessing and downloading materials would compromise this principle.
4. YOUR ACCOUNT
When purchasing a Service, you will be prompted to create a member account, providing a username, valid email address, and any other necessary information as part of the registration process on the Website.
You agree to provide accurate and current information about yourself and to maintain its accuracy. We will ensure that your information is used only in accordance with our privacy and cookies policy. You are responsible for all activities occurring under your account.
Maintain the confidentiality of your account and password, and limit access to it. Your account is personal and cannot be transferred or shared with others. Safeguard your account and the purchased Service against unauthorised or fraudulent use.
If you suspect unauthorised or fraudulent activity related to your account or the purchased Service, notify us immediately at contact@useyourspanish.com.
We reserve the right to close your account due to unauthorised or fraudulent activity.
5. SUBMISSIONS
Any information (e.g., data, text, photographs) submitted to us through your account or the Service (the "Submissions") grants us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to utilize the copyright, publicity, and database rights you hold in your Submissions, in accordance with our Privacy Policy.
We are not responsible for any Submissions posted by you or other users on the Service.
You agree not to upload or provide any Submissions on the Service that are offensive, vulgar, harassing, hateful, defamatory, pornographic, racist, obscene, abusive, threatening, or violate any law or infringe upon the rights of any third party. We reserve the right to delete, move, or edit any Submissions deemed to violate these guidelines and to terminate the Service accordingly.
6. INDEMNIFICATION
You agree to indemnify and hold Use your Spanish harmless from any losses, claims, liabilities, and damages arising from your access or use of the Service, your Submissions, your breach of these terms, or your infringement of any third-party rights.
7. PROPRIETARY RIGHTS IN THE SERVICE
The Service contains content and materials protected by international intellectual property rights, exclusively owned by Use your Spanish. Subject to compliance with these terms (including payment of applicable fees), you may use the Service and materials for personal, non-commercial use.
You are not permitted to amend, copy, adapt, reproduce, republish, post, display, transmit, or distribute the materials in any form or by any means, except as expressly permitted in these terms.
8. TERMINATION
You may cancel your account and Service usage at any time by contacting us via the Website's contact form. Upon cancellation, access to your account and Services will cease. We may delete all information contained in your account; however, we retain the right to continue using your submissions in accordance with the related clause described before and our Privacy Policy.
We reserve the right to terminate your account for serious breaches of these terms.
Upon termination, whether initiated by you or us, the terms regarding material usage, indemnity, disclaimers, and limitations of liability will remain in effect.
9. DISCLAIMER AND LIMITATION OF LIABILITY
While we strive to deliver the Service with reasonable skill and diligence, it is provided "AS IS." To the fullest extent permitted by law, we expressly disclaim all warranties and representations, including merchantability, fitness for a particular purpose, or non-infringement.
We are not responsible for any improvement in language skills, accuracy, or completeness of provided materials, timeliness, response time, storage of submissions, access restrictions, errors, or internet connection issues. While we endeavour to address issues promptly, we do not guarantee uninterrupted or error-free Service.
Except in cases of fraud, deceit or wilful misconduct and to the fullest extent permitted by applicable law, we shall not be liable for or liable to pay compensation for any immaterial, indirect or consequential damages, including (but not limited to) loss of profits, loss of income, loss of production capacity, administrative or personnel costs, an increase in overheads, loss of customers or third party claims.
Except in cases of fraud, deceit or wilful misconduct, Use your Spanish’s contractual liability shall at all times be limited to the obligation of Use your Spanish to one or more of the following options, at Use your Spanish’s discretion : (1) crediting the relevant (partial) invoices relating to the defective performance of the contract; (2) re-executing (the relevant part of) the contract at no additional cost; (3) repairing the defective performance of the contract at no additional cost;
The extra-contractual liability of Use your Spanish, its employees and auxiliary persons is excluded, except in the case of wilful misconduct, with regard to shortcomings during the performance of the contract.
10. PRIVACY
Our Privacy Policy governs Service usage. By using the Service, you consent to the terms of the Privacy Policy.
11. GENERAL INFORMATION
These terms constitute the entire agreement between you and Use your Spanish regarding your use of the Service. If any provision of these terms is deemed void or unenforceable, the remaining provisions shall remain valid. Failure to enforce these terms does not waive our right to enforce them later.
These terms and your relationship with Use your Spanish are governed by Belgian law, with disputes subject to the exclusive jurisdiction of Belgian courts. We reserve the right to seek injunctive relief in any jurisdiction to enforce these terms.
Questions? Feel free to contact us: [email protected]
