IMPORTANT LEGAL NOTICE
The LANGUAGENUT.com website is owned and operated by Languagenut LTD, Pelham House, 25 Pelham Square, Brighton, BN1 4ET
1.1 You will be able to access some areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3 You will receive access to the full website following payment for the period of your subscription. Languagenut Ltd agrees to provide you with support by telephone or email during normal working hours (8-5 Monday to Friday) for the purpose of assisting you to maintain your access to the website.
1.4 You acknowledge that you have provided Languagenut Ltd with accurate and complete registration information and that it is your responsibility to update Languagenut Ltd of any changes to that information (including your email address) via firstname.lastname@example.org
1.5 Access to the website (except for those parts that we make freely available) is only provided to you on condition that either you pay the Fee (if you are an individual member) or you are an authorised employee of an institution that has paid the Fee.
1.6 Your subscription begins the day that we send an email from Languagenut Ltd with your login details. It is your own responsibility to ensure that these details are passed on to the relevant person at your school or library to gain access to the site.
1.7 The fee for your subscription is calculated annually on the anniversary of the start of your subscription (unless otherwise stated) and payable by such method of payment as Languagenut Ltd requests. Languagenut Ltd is under no obligation to provide access until the fee has been paid. Your subscription will renew automatically and you will be notified three months before each renewal. Termination of renewal can only be made by written or verbal agreement with Languagenut Ltd.
1.8 We may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
1.9 Where you are a private consumer, nothing in these terms and conditions shall detract from your statutory rights.
2.1. You are permitted to print and download extracts from this Website for your own use on the following basis:
2.1.1. no documents or related graphics on this Website are modified in any way;
2.1.2. no graphics on this Website are used separately from accompanying text; and
2.1.3. Languagenut.com’s copyright and trade mark notices and this permission notice appear in all copies.
2.2. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation, photographs and graphical images) are owned by Languagenut.com or its licensors or other users. For the purposes of this legal notice, any use of extracts from this Website, other than in accordance with paragraph 2.1 above for any reason is prohibited. If you breach of any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website and remove any such extracts from other electronically held systems including other sites.
2.3. Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
2.4. Any rights not expressly granted in these terms are reserved.
3. Visitor material and conduct
3.2. We may require the removal of material, in whole or in part, uploaded to this site where such material is, in our view, likely to fall within the provisions of condition 3.3 or which may cause damage to our reputation. We therefore reserve the right to edit and/or remove, in whole or in part, material uploaded to this site without notice.
3.3. You are prohibited from posting or transmitting to or from this Website any material:
3.3.1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
3.3.2. for which you have not obtained all necessary licences and/or approvals;
3.3.3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
3.3.4. which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.4. You may not misuse the Website (including, without limitation, by hacking).
3.5. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraphs 3.3 or 3.4.
4. Use of our services and purchase of our products
4.1. The services which we provide on this Website and the products which are available from our on-line catalogue are sold subject to our Terms and Conditions of business
5. Service access
5.1. While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period or if any data uploaded is lost or becomes irretrievable.
5.2. Access to this Website may be temporarily suspended and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
5.3. You will take all reasonable steps to ensure that your username and password are not provided to or used by any other party and, where you are an organisation, that no one can access user accounts of individuals authorised by you to use this Website, save those authorised by you.
6.1. We, and our officers, directors, employees, shareholders or agents do not accept any liability for the use made by you of the contents of the Website.
6.2. While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website or the authenticity of data images, sounds, text and other things which are uploaded to the Website by third parties. The content of this Website should only be used for information purposes and you should not rely on it to make or refrain from making any decision or take or refrain from taking any action.
6.3. We may make changes to the material on this Website or to the products and prices described in it at any time without notice. The material on this Website may be out of date and we make no commitment to update such material.
6.4. To the extent permitted by law, Languagenut.com excludes all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness of purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
7.1. Languagenut.com (whether or not involved in creating, producing, maintaining, or delivering this Website) and its officers, directors, employees, shareholders or agents exclude all liability and responsibility for any amount or kind of loss or damage that may resort to you or a third party, (including without limitation, any direct, indirect, punitive, or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence) contract or otherwise in connection with this Website, in any way or in connection with the use, inability to use or the results of use of this Website, any Website linked to this Website or on such Websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing of this Website, or your downloading of any material from this Website, or any Website linked to this Website. Provided that nothing in this legal notice shall exclude or limit Languagenut.com’s liability for:
7.1.1. death or personal injury caused by negligence;
7.1.3. misrepresentation as to a fundamental matter; or
7.1.4. any liability which cannot be excused or limited under applicable law.
7.2. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data you assume all costs thereof.
7.3. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you (or where you are a Group user, by any user authorised by you) or any other liabilities arising out of your (their) use of this Website, or the use by any other person accessing the Website using your access code and/or your Personal Information.
8. Links to and from other websites
8.1. We are not responsible for the content of any linked Websites. We provide these links solely for convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their contents or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this Website you do so entirely at your own risk.
8.2. If you would like to link to this Website you may do so on the basis that you link to, but do not replicate, the home page of this Website and subject to the following conditions:
8.2.1. you do not remove, distort, or otherwise alter the size or appearance of the Languagenut.com’s logo;
8.2.2. you do not create a frame or any other browser or border environment around this Website;
8.2.3. you do not in any way imply that we are endorsing any products or services other than our own;
8.2.4. you do not misrepresent your relationship with us nor present any other false information about us;
8.2.5. you do not otherwise use any Languagenut.com trade marks displayed on this Website without express written permission from us;
8.2.6. you do not link from a website that is not owned by you; and
8.2.7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
8.3. We expressly reserve the right to revoke the right granted in paragraph 8.2 for breach of these terms and to take any action that we deem appropriate.
8.4. You shall fully indemnify us for any loss or damage suffered by us for breach of paragraph 8.2.
9.1. Each registration or subscription is for a single school/home or institution only. We do not permit you to share your user name and password for use in multiple schools or institutions. If you have purchased a home licence then this is for home only and not to be used in school or an institution.
9.2. Where we allow bodies to register on behalf of several users such as (but not limited to) an employer organisation (group user), any such individual which makes use of this Website shall, subject to our terms and conditions, be entitled to continue using the Website as an independent user following the termination of that user’s connection with that group user, including having access to the information and programs created during the course of that user’s employment with or connection through the group user and each group user irrevocably agrees to such continued access. Nothing in this clause 9.2 shall constitute a group user as being liable for the individual following the receipt in writing by us of notification that the individual concerned is no longer connected to the group user.
9.3. Responsibility for the security of any password issued rests with you.
9.4. If Languagenut Ltd reasonably believes that your ID is being used in any way which is not permitted by this Agreement, Languagenut Ltd reserves the right to cancel access rights immediately on giving notice to you and to block access from your ID.
10. Governing Law and Jurisdiction
10.1. These terms and conditions and your use of this Website are governed by and construed in accordance with the Laws of England and Wales, and any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
11. Securing information
11.1. Languagenut is committed to protecting our users’ privacy in line with EU data protection legislation (GDPR) and FERPA. Our staff have a legal duty to respect and enforce the confidentiality of our users’ information and we have implemented processes and systems to secure and safeguard all information we collect. Our users’ data is only accessible by those with a reasonable need to do so.
11.2. We use SSL certificates and HTTPS security to encrypt data sent from you to us. When using the Languagenut website, if the URL of a web page starts with HTTPS, or you see a locked/green padlock symbol, your data is encrypted when it is sent from your computer to our server.
11.3. When you sign up to a Languagenut trial and/or purchase a licence, the information we hold about you includes the following:
- First and last names
- Email address (either personal or school email)
- School name
- School address
11.4. We may collect students’ names in the process of setting up classes and to allow schools to administer their accounts. This is the only personal information about students using our products/services we collect and it is only used for this purpose. Student usernames are generated by our system and are in the form of a combination of the student’s first name and (if entered) the first letter of their family name. Students will not be contacted by Languagenut and parents/schools may request that a child’s data be removed at any time. Removal will be completed by Languagenut after receiving a request by email.
11.5 Schools, teachers and parents can opt to use any name or pseudonym for any student. Where schools use anonymized student names, we would recommend using these when setting up student access in Languagenut.
11.6 Personal information will only be held for as long as necessary to provide our service and in line with EU data legislation and parents and schools can request information be deleted at any time.
12. Use of adults’ personal information
12.1. We process personal information belonging to adults (e.g. teachers, bursars) for certain legitimate business purposes, which include some or all of the following:
- Providing subscription information, such as start date, login credentials and end dates
- Contacting you about the renewal of your subscription
- Keeping you informed of our range of products and services
- Requesting feedback on your experience of our products and services
- Complying with any legal obligation to disclose your information
- Where processing data enables us to enhance, modify, personalise or otherwise improve our services and communications for the benefit of our customers
- to enhance the security of our network and information systems
- to better understand how people interact with our websites, advertising and promotions
- to provide marketing communications which we think will be of interest to you
- to determine the effectiveness of promotional campaigns and advertising
12.2. Whenever we process data for these purposes we will ensure that we always keep your Personal Data rights in high regard and take account of those rights.
12.3. We respect your right to change your mind. If you decide that after opting in, you no longer wish to be informed about our products, please contact us. If you no longer wish to receive emails, you can click on the ‘unsubscribe’ link included in all our marketing emails. Please note that this may result in missing communication we will send about important updates to our products and services.
13. Use of students’/children’s personal information
13.1. Where provided to us or entered into Languagenut by teachers, we use students names to generate login details to grant students access to Languagenut. Students usage data is used to generate graphs and tables to display individual, class and school performance graphs.
13.2. Languagenut does not market to students/children or take up any communication with them.
13.3. We display the flag for the country each student belongs to, usernames (first name plus the first letter of their surname, where provided) and total points in our World Ranking. Our World Ranking tables show the top 20 schools and top 20 students in separate tabs. In order to protect student privacy, it is impossible to see which school any given student belongs to.
13.4. Schools, teachers or parents can request that any student data held by us is deleted at any time.
14. Where your personal information is stored
14.1. Our customer database and its backup are stored on a cloud-based server in the UK. Access to the encrypted data is password-protected and restricted to authorised personnel.
15.1. A cookie, or browser cookie is a small file which contains a website name and a unique user ID that is downloaded to your computer when you visit a website or use an app. Cookies are used by websites to give you a better user experience, by ensuring your user preferences are remembered (e.g. language selected). They are also used to calculate the number visits to a website or page on a website. The cookies we use do not collect personal information and do not link any information collected to individuals.
16. Sharing information
16.1. Languagenut is partnered with Tilley Education at the address below and we reserve the right to share your personal information with the Tilley Education team, in order to provide a service to you:
Tilley Education / JWT Communications Group
34 Armstrong Ave
Georgetown, ON L7G 4R9
16.2. We do not share personal information with any other third parties. We may however disclose your personal information if we are required by law to do so, or if you violate our Terms of Service.
17. Updating your details
17.1. If you have any questions or concerns about this policy and how Languagenut processes your personal information or if any data you have provided to us is out-of-date, please contact us.
18. Updating these terms
18.1. These terms were last updated on 26/11/2018. We may review or modify this policy to ensure we are compliant with the latest data and privacy legislation. The latest version of our terms can be found on this page.