Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
- “Website” means the websites operated by Eyelang and available at: www.langademy.com and any related Langademy service, tool or application
- "Account" means the account you open when you register on the Website.
- “Native languages” means the languages included in a User’s profile whose level are Native.
- “Foreign languages” means the languages included in a User’s profile whose level are not Native.
- “Language-dependent Service” means a Langademy service that involves the use of a specific language
- “Learner” means a User that investigates or makes use of a Language-dependent Service whose language is one of his/her Foreign languages.
- “Native speaker” means a User that investigates or makes use of a Language-dependent Service whose language is one of his/her Native languages.
- “Conversation services” means all services provided by Native speakers
- “Timebanking-based Services” means services that accept time as virtual currency for paying services.
- “Wallet-based Services” means services that accept Langademy Credits as virtual currency for paying services.
- "Member" means a person or legal entity that registers for an Account.
- “User”, “you” and “your” mean an individual who visits or uses the Website
- “we”, “our” means Langademy
The Website is an online venue where Users buy, sell or exchange Conversation Services. Native speakers and Learners must register for an Account in order to exchange, buy or sell Conversation Services. The Website enables language Learners and Native speakers to communicate online and pay for Conversation Services or exchange them for free and to use the services that we provide (including chat and videoconferencing tools). Langademy is not involved in the dealing and contracting between Native speakers and learners, or in the Native speaker' delivery of Conversation Services to Learners. Langademy has no control over and does not guarantee the quality and safety of Conversation Services, the skills of Members or the ability of Native speakers to deliver Conversation Services.
You will not use the Langademy Website if you:
- are not able to form legally binding contracts; or
- are under the age of 16; or
- are a person barred from receiving or delivering services under the laws of Spain or another applicable jurisdiction; or
- are suspended from using the Langademy Website.
Subject to your local laws, persons under 16 years of age can use an adult Member's account with the permission and strict supervision of the Member. The same applies for persons under 18 years of age that want to use Wallet-based Services. The adult Member is responsible for everything done with that account.
We may, at our absolute discretion, refuse to register a person as a Member.
Using our services
We do our best to keep Langademy safe, but we also need your help for that. Therefore, we need some commitments by you:
- You will not post spam on Langademy.
- You will not upload virus or other malicious code
- You will not use Langademy to do anything unlawful
- You will not harass other Users
- You will not publish false, inaccurate, misleading, defamatory or offensive content
- You will not post content that contains nudity
- You will not do anything that could impair proper working of Langademy
- You will not do anything that may undermine the reputation system
- You will not circumvent or manipulate our fee structure, the billing process, or fees owed to Langademy
- You will not "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization
- You will not harvest or otherwise collect information about Users, including email addresses, without their consent
Failure to comply with this Policy may result in the closure of your Langademy account
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the Langademy apps, the design, layout, look, and appearance. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website (https://www.langademy.com/Licenses.txt) Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- Some of our services allow you to upload, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.
- You can deactivate your Langademy account in Settings => Security
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Conversation services and fees
Conversation services are services offered by private individuals on an occasional basis (peer-to-peer) to language learners who want to interact with Native speakers for improving their language skills. It is up to the learners to decide if they need such a Conversation Service from non-professionals rather than hiring a professional language teacher. Users are responsible for complying with their national regulations, having into account that some countries may specify criteria to differentiate between professional services and peer-to-peer services. In case of been enforced by your local laws to act as a professional in Langademy, it is up to you to decide whether you can fulfill your local regulations and stop using Langademy Services if you cannot.
Langademy distinguishes between two types of Conversation Services depending on whether conversations are carried out for profit or not-for-profit:
- Time banking conversations: Native speakers earn time for their time banking accounts when having conversations with Learners (who accordingly spend time from their Time Banking accounts). No monetary transactions are carried out.
- Wallet conversations: You can purchase Langademy Credits (€) to pay, as a Learner, for private voice or video calls with Native speakers. Native speakers are free to set their rates. You, as a Learner, authorize us to automatically transfer funds on your behalf from your Wallet Account to your Native Partner’s Wallet Account to pay for your conversation. Langademy charges Native speakers a fee for every Wallet conversation they have based on the total amount they receive from the Learners (See Langademy fees). This Langademy Service is free for Learners.
The Wallet Account is the Service provided by Langademy for managing Langademy Credits-based transactions.
Langademy Credits (€) are a virtual currency that Members can purchase from the Website. They can only be used on Langademy to pay for Wallet-based Services and they have no value outside the Website. All Wallet-based Services are paid with Langademy Credits. The value of 1 Langademy Credit is 1 € (EUR) and every purchase is paid in Euros (bank entities may add extra charges for currency conversion).
Langademy does not charge fees for purchasing Langademy credits. However, a minimum purchase is required depending on the payment method.
Langademy will issue monthly invoices to every Member that has used Langademy Services since the last invoicing period (except free services). Since Langademy withholds the Langademy fee (plus taxes when applicable) after completing a Wallet-based service, the invoices are directly collected from the Wallet Account balance. In case of discounts being applied, they will also be reflected on the Wallet Account balance after collecting the invoice.
You may have funds in your Wallet Account if you have purchased Langademy Credits, if you obtained them with a promotional coupon or if you received payments for any Wallet-based Service you provided to another User via the Website.
Funds in your Wallet Account are held by us in our operating accounts held with reputable financial institutions. Funds in your Wallet Account are not held separately by us and may be commingled with our general operating funds and funds of other User's Accounts. We may receive interest on funds held by us in our operating accounts (which may include funds in your Wallet Account) from financial institutions with whom we hold our operating accounts. You are not entitled to any interest or other earnings for funds that are in your Wallet Account and we will not be liable to any User for any imputed interest on such funds.
If the balance in your Wallet Account is negative for any reason, Langademy may set off the negative balance by deducting amounts you owe us from Langademy Credits you receive into your Wallet Account, or money you attempt to transfer from your Wallet Account. You agree to allow us to recover any amounts due to Langademy by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse us through other means. If we are unable to recover the funds from your primary funding source, we may attempt to contact you, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.
You acknowledge and agree that:
- we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
- funds showing in your Wallet Account held by us or our service providers (including any bank service providers) are not deposit obligations and are not insured for the benefit of the User by any governmental agency;
- to the extent that we are required to release funds from your Wallet Account to you, you will become our unsecured creditor until such funds are paid to you;
- we are not acting as a trustee or fiduciary with respect to such funds or payments;
- funds may only loaded into your Wallet Account, or released from your Wallet Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Wallet-based Services;
- we will hold funds in respect of the amount of your Wallet Account in an account held by us with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account;
If you want to withdraw funds from your Wallet Account, you must make a request using any of the withdrawal methods available on the Website. Withdrawal requests will be processed periodically according to the rules and conditions included in the Website. We impose a minimum withdrawal amount (See Langademy fees). Funds in your Wallet Account corresponding to Langademy Credits purchases or promotions cannot be withdrawn. If you want a refund of purchased credits, see our Refund policy.
If we determine in our sole discretion that a Member has violated the Terms of Service or any other policies and conditions included on the Website, or if we determine there is evidence of fraudulent activity, we will have the right to delay and/or refuse to process the withdrawal request.
You can request a refund of purchased credits during the first 15 days after the purchase, if and only if, you have not spent Langademy Credits after the purchase (regardless of whether the Wallet Account balance is greater than the amount of Credits purchased or not). Refunds will be paid via the same procedure as the original payment method.
We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback
You can request a refund by contacting us at firstname.lastname@example.org from the same e-mail account you registered at Langademy.
Refusal of service
We can and may, at our absolute discretion, refuse to register anyone, suspend, deactivate or terminate any User account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your Account, and the forfeiture and relinquishment of all content and funds in your Account. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
- if we determine that you have breached, or are acting in breach of, this User Agreement;
- if we determine that you have breached legal liabilities (actual or potential),
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- you do not respond to account verification requests;
- you do not complete account verification when requested within 3 months of the date of request;
- you are the subject of a United Nations, Australian, EU or USA sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;
- to manage any risk of loss to us, a User, or any other person; or
- for other similar reasons.
If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.
Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees
Users that do not log in into their Accounts for a continuous period of 6 months and have funds in their Wallet Accounts will be charged a monthly maintenance fee for management purposes. The amount of the maintenance fee is 15 €/month. The maintenance fee will be suspended once the User logs in again or the account is deactivated (to avoid increasing the debt)
We reserve the right to close an inactive Account or an account with nil or negative funds
Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of Spain.
You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Website, your Account or the Langademy Services and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password