General terms and conditions
These General Terms and Conditions (from now on, “Terms and Conditions”) are drawn up by LANGOO IO, S.L., with registered office in Madrid, Calle Raimundo Fernandez Villaverde, number 30, floor 263, with Tax Identification Number B-16986424, registered in the Mercantile Registry of Madrid, Volume 42540, sheet 161, entry 1 with page M-752696 (from now on, “LANGOO”) for the purpose of governing the electronic contracting with the Users subscribed to its web platform (from now on, the “Users”).
These Terms and Conditions are permanently available to the User on LANGOO’s Website (https://www.langoo.io/).
The present General Conditions are applicable to the contracting by the Users of the services offered by LANGOO, which have as a generic objective, the preparation of language exams based on the individualization of the progress of each student, who can freely choose the Plan that best suits their needs, of those offered by LANGOO (from now on, “The Services”), all of this, based on the regime established in the present General Conditions.
2. LANGOO User Requirements
LANGOO Users must meet the following requirements:
- Subscribe to one of the plans offered by LANGOO.
- Proceed to the payment of the fee according to the subscribed Plan. The fee must be paid in the manner stipulated in Condition 3.2.
- Register correctly as a User through the LANGOO Website.
The User may subscribe to the Plan(s) according to Condition 6.
In the event that LANGOO offers a free plan to Users at any time, each User may only subscribe once; LANGOO’s system will detect if the same person creates different Users for the purpose of repeatedly subscribing to a free plan that LANGOO may offer. If a User subscribes to a free plan and then subscribes to a non-free plan, the subscription to the free plan will be terminated by the User’s subscription to the non-free plan.
The duration of each subscription shall commence on the day on which the User subscribes, including that day.
LANGOO will be able to request, as a requirement for the registration of any User in its Web that this one provides as many documents as it deems appropriate at identification level, that serve to accredit the fulfillment of the requirements to be a LANGOO User, as well as to avoid the creation by the same person of several different Users in the LANGOO Web, all this in compliance with the applicable regulations in the matter of Protection of Personal Data and the established in the Law of Services of the Information Society.
3. Special Conditions and Payment of Services
3.1. Special Conditions.
The rest of the commercial and economic conditions associated with the relationship between the User and LANGOO are provided to the User at the time of contracting and, together with the data provided by the User necessary for the contract, form the Special Conditions applicable between the User and LANGOO. The Special Conditions and the General Conditions constitute a single contract, which will govern the relationship between the User and LANGOO (from now on, “the Contract”).
The amounts to be paid by the User as the price for the provision of the Service will vary depending on the Plan to which the User subscribes, which will appear, specifically, in the Particular Conditions of Contract, taking as a reference The Services contracted and the price of each one of them that appears in these General Conditions.
3.2. Payment method.
It shall be a necessary condition for the User to subscribe to a Plan that has a payment associated with it, that the User pays the subscription fee. Failure to pay the price of the Services shall prevent the User from subscribing to a specific Plan that includes payment.
Payment will be made through the virtual POS, enabled on the LANGOO Website, as long as the User intends to subscribe to a Plan that has a payment associated with it. Once the payment has been made, the User will receive a summary of the Particular Conditions depending on the Plan to which he/she has subscribed and a proof of payment to the email address associated with his/her User on the LANGOO Website.
The amounts to be paid by the Users appear on the web page itself and may vary depending on the chosen Plan. LANGOO reserves the right to offer more Plans at any time, however, LANGOO will respect the conditions that each User has at the time of the subscription of a specific Plan until the end of it.
All prices that appear on the LANGOO website for the different plans offered include VAT, according to the applicable tax legislation.
LANGOO reserves the right unilaterally and at any time to cancel the User’s account and, therefore, to terminate this Agreement if there is a breach of any of the present General or Particular Conditions of Contract, including especially Condition 8.
The duration of the Contract shall be in accordance with the Plan to which the User subscribes.
At the end of the term stipulated for the subscribed Plan, the provision of the Service shall be deemed to have ended and therefore the expiry of this Contract, but not of the obligations assumed by the User in Condition 8, without prejudice to the User renewing the subscribed plan or deciding to subscribe to any of those offered.
In the event of renewal, the User shall abide by these General Terms and Conditions in the same manner as for the specific case, depending on the plan chosen for the renewal.
5. Data access authorisation
By accepting these Terms and Conditions, Users authorize LANGOO to access statistics and data about them, derived from the activity generated in the course of the Services provided. The processing of the data will not be associated with a specific User, but will be used to improve the Services provided and the User’s experience on LANGOO.
6. Functionalities included in the services
The functionalities included in the Services shall be the following:
- Duration: 1, 4 or 6 months depending on the plan subscribed.
- Competency-based tests.
- Real exam exercises.
- Repetition of exercises.
- Full access to the teaching material of the selected level.
- Mock Exams.
- Personalised study plan.
- Personal tutor
For Plans that include a “Personal Tutor”, the availability of the Tutor shall be at the User’s request and within the shortest possible time, depending on the conditions of the system and the availability of the Tutor in question. The Tutor’s availability will always be subject to working hours.
LANGOO will not be able to vary the functionalities included in the provision of the Services. However, LANGOO may include new plans with different functionalities, maintaining for each User the plan that he/she has contracted at any given time. The inclusion of new plans by LANGOO will not generate any variation in these Terms and Conditions, and such plans will be considered to be included with the mere offer to the Users and their inclusion in the Particular Conditions of the subscribing User.
7. Customer Service and Complaints
7.1. Customer Service.
The User has a service of attention and information through the Web, at the registered office of LANGOO indicated in the present Conditions and through e-mail at the address firstname.lastname@example.org.
If the User wishes to file a complaint, he/she must do so within a maximum period of one (1) month from the date he/she becomes aware of the event that motivates the complaint, by writing to LANGOO’s registered office or by email to email@example.com. Upon receipt of the complaint, LANGOO will provide the User with the reference number of the complaint. If the User does not receive a satisfactory response within a period of one (1) month, the complaint will be understood to have been rejected, and the avenues provided for in Condition 14 will remain unaffected.
For notification purposes, the User’s address and LANGOO’s address are those stated in this Agreement.
8. Intellectual property of materials provided by LANGOO
All materials provided by LANGOO to the User during the provision of the Services are the exclusive property of LANGOO or third parties, in which case all rights to exploit the intellectual property that these third parties may hold over the materials are transferred indefinitely and, on an exclusive or non-exclusive basis, to LANGOO. The User may not reproduce or modify the materials provided by LANGOO. The User may not commercialize the materials provided by LANGOO. The User may not engage in any conduct contrary to the Intellectual Property Law in force at any time with respect to the rights conferred to the authors.
In case of breach by the User of this Condition, LANGOO reserves the right to terminate the legal relationship between the User and LANGOO, which will be operated with a simple communication to the User’s email address. Likewise, in the case of breach by the User of this Condition, LANGOO reserves the right to claim from the User a compensation for damages that the User expressly accepts with the acceptance of the present General Conditions, of an amount equal to twenty (20) times the price of the Plan to which the User is subscribed at the moment of the breach of this Condition.
9. User Data
LANGOO IO, S.L. is responsible for the processing of your data, the purpose of which is to manage the Services contracted, to carry out the necessary administrative, fiscal and accounting procedures derived from their fulfilment, as well as to manage the collection of the services provided.
The legitimacy for the use of your data is based on the execution of a contract. No data will be passed on to third parties, unless legally obliged to do so. The data will be destroyed once the cancellation has been communicated and/or the legal retention periods have expired. No international data transfers will be carried out.
To exercise your rights of access, opposition, rectification, deletion, portability or limitation of processing, you can do so at the following email address firstname.lastname@example.org or in person by sending a letter to the registered office of LANGOO IO, S.L. Also, if you do not agree with the resolution, you have the right to file a complaint with the Spanish Data Protection Agency.
10. Assignment, Modification and Termination of the Contract
The User may not assign the Contract.
The Agreement will be modified in the event that it is required by any type of regulation. LANGOO will notify the User of the modification based on this reason before it becomes effective. Likewise, LANGOO may modify the Contract in those cases in which there is a change/s in the technical conditions that support the Service provided, prior communication to the User by means of an individualized communication in which the reason for the modification is stated and with fifteen (15) days prior to the effective date of the modification. However, if the User does not agree with the intended modification, he/she may unilaterally terminate the Contract and will be refunded the amount paid for the subscription for the remaining days until its termination.
10.3. Termination of the Contract.
The Contract will be terminated by the general causes of termination of contracts.
LANGOO may terminate the Contract for breach by the User of any of the rights that are inherent in the acceptance of these General Conditions, with express reference to Condition 8.
11. Derecho de Desistimiento
On the basis of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the User is informed that he/she has the Right of Withdrawal of the Contract entered into by accepting these General Conditions.
The User is free to cancel his/her subscription (withdraw from the Contract) within fourteen (14) days of the day following the day on which he/she subscribed to a specific plan, without LANGOO being able to retain any amount for this reason. From the day after the last day on which the User has the right of withdrawal, the User may unsubscribe from the subscription and LANGOO will refund the payment made.
The User may exercise the Right of Withdrawal by filling out the withdrawal form available for download on the LANGOO Website, by communicating by email to LANGOO without filling out the withdrawal form, or by cancelling their subscription on LANGOO through their User section, if this option is available on the platform.
For any other questions regarding the Right of Withdrawal, the user may contact LANGOO and they will respond on a case by case basis.
12. Possibility of extension of subscription in case of suspense
LANGOO may offer, in certain cases, a free extension of the subscription with the specifications to be stated and provided that the User (i) has taken an official exam and failed it and (ii) has been connected to the platform and active for more than sixty (60) hours, having completed more than sixty percent (60%) of the activities offered by LANGOO on the platform.
The extension will be for the same duration as the Plan to which the User has subscribed and cannot be used by the same User on more than two occasions. In order for LANGOO to apply this extension, it will be necessary for the User to send an email to email@example.com explaining his/her case and attaching his/her report card signed by the examining entity.
In the event that the User’s subscription has already expired, LANGOO will reactivate the subscription for the previously established period of time, provided that the User complies with the conditions stipulated above.
For this extension to be effective, Langoo’s sales department must proactively offer this service to the user.
13. Waiver of liability
LANGOO cannot guarantee the technical continuity of the Website, the absence of faults or interruptions or that the Website will be available or accessible one hundred percent of the time. LANGOO cannot guarantee the absence of viruses or other harmful components on the Website or on the server from which it is provided, nor can it be held responsible for any damage that this may cause, provided that it is not at fault.
The present conditions have been exposed with due notice, in accordance with current legislation. Likewise, LANGOO makes these General Terms and Conditions available to the User on its Website, in such a way that they can be stored and reproduced, thus complying with the legal duty of prior information.
LANGOO reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, its functionalities and/or the contents incorporated therein. The User expressly acknowledges and accepts that at any time LANGOO may interrupt, deactivate and/or cancel the access and/or use of the Website, without LANGOO being responsible for it.
In the event that any provision or provisions of these General Terms and Conditions should be held to be void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such invalidity or unenforceability shall not affect the remaining provisions. In such a case, the provision or provisions affected shall be replaced by another or others having the closest effect to those replaced.
15. Applicable law, dispute resolution and jurisdiction
The Parties expressly agree that this Agreement shall be governed by and construed, in all its terms and conditions, in accordance with the laws of Spain.
The parties expressly submit to the jurisdiction and competence of the Courts and Tribunals of the city of Madrid for any questions or differences that may arise due to the interpretation, fulfilment and execution of this contract.
As required by Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on resolving consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, LANGOO makes the following link available to users of the Website: http://ec.europa.eu/consumers/odr/. Through this link, LANGOO Users will be able to access the European Online Dispute Resolution Platform (ODR). In the event that the User has experienced a problem with the provision of the Online Service, the User may use this means to file a complaint in relation to the provision of the Online Service.
To make a complaint about the use of our Service, you can send a letter to the e-mail or physical address indicated in General Condition 7.1 of this Agreement, and we undertake to seek an amicable solution to the dispute at all times.