Welcome to the legal information pages of Effortless Conversations (referred to herein as “EC”, “we”, “us or “our”). Effortless Conversations is owned and operated by Lukas Van Vyve.
We offer a range of on-line learning and development tools and services aimed to increase your language skills.
On these pages we inform you about the terms that govern all use of the http://www.effortlessconversations.com website (the “Site”) and related products and services (together with the Site, the “Service”/”Services”).
We will explain you among others how our materials are protected and can be used, on what terms we can supply you with our products and services and how we treat your personal date.
- Acceptance of Terms
By accessing or using the Service, you furthermore confirm that you are least 18 years old or that you have the permission of your parent or legal guardian if you are younger than 18.
We may update these terms from time to time. Therefore, please check these terms periodically for changes. You can always find the most recent version of the terms on the Site. Your continued used of the Service will be considered as your acceptance to any changes made to the terms.
- Pricing and Payment
By placing an order for one of our Services, you agree to pay the displayed fees (including VAT if applicable) for the relevant Service using one of the payment methods accepted by us. We may change the fees for our Services from time to time. However, price changes will not affect Services already ordered and paid for.
You may cancel any purchase for a Service and claim a refund for any reason within 14 working days, or any other term as specifically defined for the concerned Service, following your purchase. If you have used the Service in the meantime, we are allowed to deduct the value of the Service provided up to the date of cancellation from the fee that we will refund to you.
- Your Account
When ordering a Service, you will be asked to create a member account and provide a user name, a valid email address and any other information as required by the registration process on the Site.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to it. Your account is individual. You cannot transfer or share it with others. You must protect your account and the Service you purchased from unauthorized and fraudulent use.
If you suspect or know that unauthorized or fraudulent use is being made of your account or the Service you purchased, you will notify us immediately in writing at firstname.lastname@example.org.
We have the right to close your account in the event of any unauthorized or fraudulent use of your account or any Service.
If the Service you paid for is terminated, you will retain access to the content already received but you will not receive any new content.
We are not responsible for any Submissions posted on the Forums by you or by any other users.
You will not upload, display or otherwise provide on or through the Service or Forums any Submissions which are offensive, vulgar, harassing, hateful, defamatory, pornographic, racist, obscene, abusive, threatening, or otherwise violates any law or infringes upon the right of any third party (including without limitation, violating a copyright or trademark or other personal or proprietary rights ). We reserve the right, in our sole discretion, to delete, move or edit any Submissions we deem in violation with the above. We also reserve the right to immediately terminate the Service in such case.
You agree to indemnify and hold Effortless Conversations harmless, from and against any and all losses, claims, liabilities and damages whatsoever, including reasonable attorneys' fees, arising out of or relating to your access or use of the Service, your Submissions, your breach of any of these terms or your violation of any rights of another person or entity.
- Proprietary Rights in the Service - Rules on use
We have worked hard on the Service and we are very proud to be able to offer you a unique, fun and effortless way of learning and improving languages. Therefore, please use the Service only in line with these instructions. If not we will be obliged to seek enforcement of our rights.
The Service consists of content and material (such as text, graphics, logos, images, clips, software etc., hereinafter the “Materials”) that are protected by international intellectual property rights (including copyright, trademarks, rights in know-how, database rights and any other intellectual property rights, whether registered or not, hereinafter “IPR”) and that are the exclusive property of Effortless Conversations.
Provided you comply with these terms (including payment of any applicable fees), you may use the Service and the Material for your own personal, non-commercial use.
You are not entitled to amend, modify, copy, adapt, re-use, reproduce, republish, post, displayed, transmit, or distribute Material in any form or by any means, in whole or in part, other than as expressly agreed in these terms.
- Third Party Links
The Site may contain links to third-party websites, advertisers, or other activities that are not owned or controlled by us. We don’t assume any responsibility for such linked sites, including in particular for the content and the privacy practices of such linked sites. You acknowledge and agree that we are not responsible or liable for any damage or loss arising from your use of any third-party website, service or content.
You can cancel your account and your use of the Service at any time by sending us an email using the contact form on the Site. After cancellation you will no longer have access to your account nor to any of the Services. Any fees paid will not be refunded, other than as stated in clause 2 above. All information contained in your account may be deleted by us. We are however entitled to continue the use of the submissions you made in accordance with clause 4 above.
We are entitled to cancel your account if we have serious reasons to believe that you have breached or acted inconsistently with these terms.
In case of termination, either by you or by us, the terms contained herein with regard to the use of the Materials and the Service, your indemnity and all disclaimers and limitations of liability will continue to apply.
- Disclaimer and Limitation of Liability
We shall use reasonable skills and diligence in the delivery and performance of the Service. We do want to point out however that the Service is provided to you “AS IS”. To the fullest extent permittable by law, we expressly disclaim all express and implied warranties and representations of any kind, including warranties of merchantability, fitness for a particular purpose or non-infringement. In particular and without limitation, Effortless Conversations does not assume any responsibility for any improvement of your language skills, the accuracy and completeness of the Material provided, any timelines, response time or non-delivery of information, failure to store any submissions or personal settings, restriction or loss of access, any bugs or other errors, or any malfunctioning and/or inadequacy of the internet connection you are using. We also cannot guarantee that the Service, or any part of it, will be uninterrupted or will be error free. However, we will do our best of course to solve any issues as soon as we can.
To the fullest extent permissible to applicable law, under no circumstances shall Effortless Conversations be liable for any indirect or consequential damages arising out of or relating to the access or use of, or the inability to access or use, the Service or any part thereof. Effortless Conversations’ liability is limited in any event to the amount paid, if any, by you to Effortless Conversations for the Service in the 12 months prior to the initial action giving rise to the liability.
- General Information
You agree that these terms constitute the entire understanding between you and Effortless Conversations in respect of your relationship with Effortless Conversations as a user of the Service. If any provision of these terms is void or unenforceable in whole or in part, the remaining provisions of these terms shall not be affected thereby. Failure by Effortless Conversations to act with respect to a breach by you or others does not waive our right to act with respect to susbsequent or similar breaches.
These terms and the relationship between you and Effortless Conversation shall be governed by and enforced in accordance with Belgian law, without giving effect to any principles of conflicts of law. You agree that any disputes that may arise between you and Effortless Conversations with regard to these terms, the execution of the Service or any other part of our relationship will be submitted to the exclusive jurisdiction of the Belgian courts, except that we may seek injunctive relief in any jurisdiction in order to enforce our rights under these terms.