Terms and Conditions
Last updated: 13.12.2021
WEBSITE DISCLAIMER, TERMS AND CONDITIONS
Welcome to www.conversational-german.com! By using our website and/or using the services that are provided, you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions. These Terms and Conditions unconditionally extend and apply to all related applications, internet service, or website extensions. If you are not in agreement with all of these Terms and Conditions, you are prohibited from using this Website, and you may discontinue use immediately. Conversational-German recommends that you save or print a copy of these Terms and Conditions for future reference.
Agreement to Terms and Conditions
Conversational German Terms And Conditions (these “Terms” or these “Terms and Conditions”) contained in this Agreement shall govern your use of this Website and all its content (collectively referred to herein as this “Website”). These Terms outline the rules and regulations guiding the use of Conversational German located at www.conversational-german.com. All materials/information/documents/services or all other entities (collectively referred to as content) that appear on the Conversational German shall be administered subject to these Terms and Conditions. These Terms and Conditions apply in full force and effect to your use of this Website, and the use of this Website constitutes an express agreement with all the terms and conditions contained herein in full. Do not continue to use this Website if you have any objection to any of the Terms and Conditions stated on this page.
The following definitions apply to these Terms and Conditions, Privacy Statement, Disclaimer Notice and all Agreements: “User”, “Visitor,” “Client,” “Customer,” “You” and “Your” refers to you, the person(s) that use this Website. “Conversational German“, “We”, “Our” and “Us”, refers to our Website/Company. “Party,” “Parties,” or “Us,” refers to both you and us. All terms refer to all considerations of Conversational German necessary to undertake support to you for the express purpose of meeting your User needs in respect of our services. Any use of these definitions or other glossary in the singular, plural, capitalization, and/or pronoun are interchangeable but refer to the same.
Intellectual Property Rights
Other than the content you own and opted to include on this Website, under these Terms, Conversational German and/or its licensors own and reserve all intellectual property rights of this Website. You are granted a limited license, subject to the restrictions entailed in these Terms and Conditions, for purposes of viewing this Website’s content.
The content of this Website is not intended for use or distribution to any person or entity in any jurisdiction, geographical location, or country/state where such use or distribution will be contrary to the laws and regulations or subject Conversational German to any form of registration, claims, demands, costs, liabilities, damages, or expenses.
You may use this Website as permitted by these Terms and Conditions and may not use this Website for any purpose other than for which Conversational German makes the Website and its services available.
Unless otherwise stated, Conversational German and/or its licensors own the intellectual property rights for all content on Conversational German. All intellectual property rights are reserved. You may access any Website content from Conversational German for your personal use subject to restrictions set in these terms and conditions.
Conversational German hereby restricts you from all of the following:
Republishing any Conversational German content in any media;
Reproducing, duplicating, or copying any Conversational German content ;
Selling, renting, sublicensing, and/or otherwise commercializing any Conversational German content;
Publicly performing and/or displaying any Conversational German content;
Using this Website in a manner that is, or maybe, damaging and/or impacts user access to this Website;
Using this Website contrary to the relevant rules, laws, and regulations of your country of residence, or in a manner that causes, or may cause, harm to the Website, or any person or business entity;
Conducting data mining or any other similar activity concerning this Website, or while using this Website; and
Using this Website to engage in any form of business advertising or marketing.
Specific areas of this Website may be restricted from user access, and Conversational German may further extend such restriction to the entire Website, at any time, and in its sole discretion. Any user identification, security key, or password you may have on this Website are confidential, and you are responsible for maintaining such information confidentiality.
Linking and Hyperlinking Rights
We reserve the right to file requests that you remove all links or any particular link created by you that redirect to our Website, and you approve to immediately remove such links to our Website upon request. We may amend the terms and conditions of these linking rights at any time. By continuously linking to our Website, you agree to be bound to and follow the terms of this linking policy.
Feel free to contact us if you find any link on our Website that is offensive, and we may consider requests to remove such links. Still, we are not obligated to do so or respond to you directly or immediately.
Hyperlinking to our Content
Organizations such as search engines, government agencies, news organizations, and online directories may link to our Website without prior written approval. We may review other link requests from popular consumer and/or information specialists, charity organizations, internet portals, educational institutions, trade associations, and dot.com community sites. Any interested organization must inform and contact us for further information regarding our linking policy. However, such linking does not imply endorsement, sponsorship, partnership, or approval by us of any kind.
No use of our logo or other design intellectual property will be allowed for linking, except a trademark license agreement.
Link to third-party content
This Website may contain links to websites or applications operated by third parties. Please know that we do not control any such third-party websites or applications or the third party operator. Conversational German is not responsible for and does not endorse any third-party websites or applications or their availability or content.
Conversational German accepts no responsibility for adverts contained within the Website. You agree that you do so at your own risk when you purchase any goods and/or services from any such third party. The advertiser, and not us, remains responsible for such goods and/or services, and if you have any questions or complaints about them, you should contact the advertiser
In these Website Standard Terms and Conditions, “User Content” shall mean any audio, video, text, images, or other material or content you choose to display on this Website. Concerning user content, by displaying it, you grant Conversational German a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it on any media.
User Content must be your own and must not be infringing on any third party’s rights. Conversational German reserves the right to remove any of your content from this Website at any time, without notice.
Conversational German is permitted to monitor your activities on the Website and remove any user content considered inappropriate, offensive, contrary to applicable laws and regulations, or causes a breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to upload/input/publicize content on our Website and have the necessary legal capacity, license or consent to do so;
Your content does not infringe any intellectual property right, including without limitation to copyright, patent, or trademark of any third party;
Your content is true, accurate, current, complete, and relate to you and not a third party;
Your content does not contain any libelous, defamatory, offensive, immoral, or otherwise illegal material which is an invasion of privacy; and
The content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You now grant Conversational German a non-exclusive license to use, reproduce, edit and authorize others approved by us to use, reproduce and edit any of your content in any form, format, or media.
By using this Website and its services, you may provide us with certain personal information. By using Conversational German or its services, you authorize us to use your information in any country or state that we operate in. We reserve the right to use such information to improve your user experience and facilitate mailing and traffic, and market analytics.
Disclaimers/Warranties/Limitation of Liabilities
Conversational German Website is provided “as is,” with all liabilities, and Conversational German makes no express or implied undertakings, representations, or warranties, of any kind related to this Website or the content contained on this Website.
Conversational German does not make any endorsements, warranties, or representations about the accuracy, reliability, expertise, or completeness of any such content. You agree that reliance on any such content shall be at the User’s risk. Conversational German periodically changes, adds, modifies, improves, or updates this Website’s consent with or without prior notice. Under no circumstance shall Conversational Germanbe liable for any loss, damage, injury, liability, or expense incurred or suffered from the use of this Website, including, without limitation, any fault, error, omission, commission, delay, failure, interruption, deletion, alteration, disruption, cessation or incursion concerning such use by us, our affiliates or any third party. Under no circumstance shall Conversational German or any of its partners and affiliates be liable for any direct, indirect, consequential, accidental, or special damages, even if Conversational German has been advised against the risk or possibility of such damages. The User agrees that Conversational German will not be liable for any conduct or behaviour of the User arising from the use of this Website. As a result, the use of this Website and all or any of its content is at the User’s sole risk.
In no event shall Conversational German, nor any of its officers, directors, employees, and affiliates, be liable for any loss, injury, or damage arising out of your use of this Website, whether, under contract, tort, or otherwise, andConversational German, including its officers, directors, employees, and affiliates shall not be liable for any indirect, consequential or special liability arising out of your use of this Website.
As a condition for the use of this Website, the User agrees to indemnify Conversational German and its affiliates to the fullest extent, from and against all actions, claims, liabilities, losses, damages, costs, demands, and expenses (including reasonable attorney’s fees) arising out of the User’s use of this Website, including without limitation, any claim related to the breach of any of the provisions of these Terms and Conditions. If dissatisfied with any or all of the content on this Website or any or all of its Terms and Conditions, the User may discontinue using this Website.
The provisions of these Terms and Conditions shall remain in full force and effect while you use the [WEBSITE NAME] or its services. Users may terminate their use by following the instructions for terminating user accounts in your account settings or by contacting us at Conversational German.
We reserve the right and sole discretion to, and without notice or liability, deny access to and use of the Website (including blocking specific IP addresses) to any user for any reason including but not limited to breach of any representation, warranty, or Agreement in these Terms or any applicable law or regulation.
We also reserve the right, if, in our sole discretion, we determine that your use of the Website or its services is in breach of these Terms and Conditions or of any applicable law or regulation, to terminate your use of the Website and its services or delete your account and any or all of your content, without warning or prior notice. Suppose we terminate or suspend your account for any reason set out under this section. In that case, you are prohibited from registering and creating a new account under your name, or a false identity, or the expression of a third party. In addition to terminating or suspending your account, Conversational German reserves the right to take appropriate legal action(s), including without limitation pursuing civil, criminal, and injunctive redress.
All correspondence made under this Agreement shall be in English.
Suppose any of Term or Condition is proven to be unenforceable or void under any applicable law. In that case, such shall not render the entirety of these Terms and Conditions unenforceable or invalid. As a result, any such provision shall be deleted without affecting the remaining provisions herein. The provisions of these Terms and Conditions that are unlawful, void, or unenforceable are deemed severable from these Terms and Conditions and do not affect any remaining provisions’ validity and enforceability.
Variation of Terms
Conversational German reserves the right to revise these Terms at any time as it sees fit. By using Conversational German, you are expected to review such Terms regularly to ensure you comprehend all the Terms and Conditions regarding the use of this Website.
Conversational German reserves the right to assign, transfer, and subcontract its rights and/or obligations under this Agreement without any prior notification or consent required. Users shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms. Furthermore, a person who is not a party to these Terms and Conditions shall have no right to enforce any provision contained therein.
Preservation of Immunities
Nothing herein shall constitute a limitation upon the privileges and immunities of Conversational German, which are specifically reserved.
Our failure to exercise any or all of these Terms and Conditions’ provisions at any point in time shall not operate as a waiver of such right or provision.
These Terms and Conditions, including any legal notices and disclaimers on this Website, constitute the entire Agreement between Conversational German and you concerning your use of this Website. Ultimately, this Agreement supersedes all prior agreements and understandings concerning the same.
SERVICES TERMS AND CONDITIONS
These terms and conditions apply to Services provided by Conversational German Ltd of 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ.
You may contact us on [email protected]
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course and/or Taught Course. Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy for your records.
If there is any conflict between our Website Disclaimer, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course or Taught Course then the conflict shall be resolved by applying the following order of priority:
Course Specific Terms and Conditions;
These Standard Terms for the Purchase of Online and Taught Courses;
For purchases via our website, by clicking on the “Buy” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Conversational German Ltd to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Conversational German Ltd for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.
“Taught Course” means a course taught by Nikola B. in an online classroom setting to which you attend via Google Meet or any other online conferencing tool.
“Website” means www.conversational-german.com.
“you” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Ordering Services
Purchasing Services via the Website
3.3. When you place an order for a Service via the Website, you are offering to purchase the Services on these terms and conditions. Conversational German Ltd reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.4. Following receipt by us of your order for Services via the Website we will contact you confirming receipt of your order.
3.5. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email or contacting you through social media confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.6. Where your order consists of multiple Online Courses or multiple Taught Courses , each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
3.7. Conversational German Ltd does not and is not responsible for booking any examination with any professional body or examination board. It is your responsibility to ensure that you book prior to the relevant closing date any exam necessary that you wish to take and which may or may not be associated with the subject matter of the Services provided to you by Conversational German Ltd.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 3 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.
4.2. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Conversational German Ltd.
4.4. Already arranged online classes with Conversational German (Nikola B.) can only be rescheduled at least 6 hours prior to the appointment.
5.1. The Fees for the Services shall be as set out on the Website at the time you placed an order for them.
5.2. Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course.
5.3. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Conversational German Ltd shall not be responsible for these.
5.4. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access onto any Online Course.
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
6.2. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, Conversational German Ltd’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of Conversational German Ltd or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Conversational German Ltd on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
fail to pay when due your Fees;
act in an aggressive, bullying, offensive, threatening or harassing manner towards Conversational German Ltd.,, any teacher or lecturer who provides the Taught Courses or any student who attends any Taught Course;
cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be attending our Taught Courses;
are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Data Protection
12.1 The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
12.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
12.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Conversational German Ltd,
12.4. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
You can contact us by any of the following methods:
Email: [email protected]