GENERAL TERMS AND CONDITIONS FOR THE USE OF WWW.ENGLISHLIKEANATIVE.COM, WWW.ENGLISHLIKEANATIVE.CO.UK and www.community.englishlikeanative.co.uk
21 January 2022
GENERAL
1.1 Welcome! These General Terms and Conditions (hereinafter known as “GTC”) apply to the entire contents of this website and mobile device offering under the domain names www.englishlikeanative.com, www.englishlikeanative.co.uk and www.community.englishlikeanative.co.uk (hereinafter collectively known as the “Website”), and to all contracts entered into by purchasing our courses and to any correspondence between us and you (hereinafter known as the User). Please read these terms carefully before using this Website. Using this Website indicates that the User accepts these terms regardless of whether or not the User purchases any courses, software or other materials from us. If you do not accept these terms, do not use this Website. This Website and all of its content, including but not limited to, all text, images, audio, video and other media are owned and copyrighted by English Like A Native Ltd (hereinafter collectively known as ELAN) or have been purchased from a third party who owns the copyright. These GTCs are applicable in equal measure to both free and non-free offers from the Website or ELAN. The GTC may be updated or amended at any time and the GTC will include a date of revision at the top of the document.
1.2 Please note that the GTC contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes in certain circumstances, rather than jury trials or class action lawsuits. The User and ELAN each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a Class, Consolidated or Representative Action. The User and ELAN both waive any right to a jury trial.
1.3 This legal notice and GTC shall be governed by and construed in accordance with the laws of the United Kingdom of Great Britain. Any dispute arising out of or connected with this legal notice shall be subject to the exclusive jurisdiction of the British courts under British law.
1.4 The GTC constitutes the entire agreement between the User and ELAN and governs your use of the Website, superseding any prior agreements between you and ELAN with respect to the Website. You may be subject to additional terms and conditions that will apply when you use or purchase ELAN’s services and products.
1.5 The failure of ELAN to exercise or enforce any right or provision of the GTC shall not constitute a waiver of such right or provision.
DESCRIPTION OF WEBSITE AND SERVICE
2.1. The Service allows users to access and use a variety of educational services, including learning or practising a language. ELAN may, with sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect or all of the Service, temporarily or permanently.
2.2. By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. ELAN reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Website with or without notice; limit the Website’s availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that neither we nor any affiliated entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any service, software, content, submission, feature or product offered through the Website. Your continued use of the Site after such changes will indicate your acceptance of such changes. You should check this Website from time to time to review the then current legal notice. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2.3. While ELAN attempts to ensure that the Website is normally available 24 hours a day, ELAN shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons within or beyond the control of ELAN.
LICENCE AND CONDITIONS
3.1. ELAN grants you a limited licence to access and make use of the Website. As a condition of such licence, you agree:
3.1.1. not to download or modify any part of the Website, except with the express and prior written consent of ELAN;
3.1.2. not to download or copy any account information for the benefit of another merchant;
3.1.3. not to collect or make any use of any product listings, descriptions, or prices;
3.1.4. not to resell or make any commercial use of this Website or its contents;
3.1.5. not to reproduce, duplicate, copy, sell, resell or otherwise exploit the Website for any commercial purpose without express written consent of ELAN;
3.1.6. not to make any derivative use of this Website or its contents;
3.1.7. not to frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of English Like A Native and it’s group companies without express written consent of ELAN;
3.1.8. not to use any meta tags or any other “hidden text” utilising the English Like A Native name or trademarks without the express written consent of ELAN; and
3.1.9. not reproduce or store any part of this Website in any other website or include any part of this Website in any public or private electronic retrieval system or service without prior written permission from ELAN.
3.2. The copyright and other intellectual property rights in all material on this Website (including without limitation text, photographs and graphics) are owned by ELAN or its licensors. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates. You are also advised that ELAN will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. All trademarks of ELAN indicated on the Website are trademarks of ELAN in the United Kingdom and other countries. Without the prior consent of ELAN, you agree not to display or use in any manner the ‘English Like A Native’ trademarks. Any rights not expressly granted in these terms are reserved.
3.3. The User agrees not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Website and/or its servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ELAN grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ELAN reserves the right to revoke these exceptions either generally or in specific cases. The User agrees not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g., comments, email) for any commercial solicitation purposes. The User agrees not to solicit, for commercial purposes, any Users with respect to their content. In all use of the Website and all associated services, website and mobile and/or tablet applications, the User agrees to comply with all applicable laws and regulations.
REGISTRATION AND CONTENT
4.1. In connection with registering for and using the Service, you agree:
4.1.1. to provide accurate, current and complete information about you and/or your organisation as requested by the Website;
4.1.2. to use a sufficiently secure password and maintain the confidentiality of your password and other information related to the security of your account and not provide access to any third party; As soon as the you becomes aware or should have been become aware that access to his password has been obtained by a third party, he must change the password immediately.
4.1.3. to maintain and promptly update any registration information you provide to the Website, to keep such information accurate, current and complete;
4.1.4. to be fully responsible for all use of your account and for any actions that take place through your account.
4.1.5. to limit access provided to the Website to you as an individual and not provide the resources of the Website, accessed via your login, to any third party
4.2. General User Generated Content
4.2.1. Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary.
4.2.2. As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards or other materials on the Services (“Content”), the User hereby grants to ELAN a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable licence to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; sublicence through multiple tiers the Content, and acknowledge that this licence cannot be terminated by you once your Content is submitted to the Services.
4.2.3. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, ELAN, and others as described and otherwise contemplated in the GTC.
4.2.4. The User understands that other users will have access to the Content and that neither they or ELAN have any obligation to you or anyone else to maintain the confidentiality of the Content.
4.2.5. ELAN shall have no obligations with respect to any user submitted content.
4.2.6. You are prohibited from posting or transmitting to or from this Website any material:
4.2.6.1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
4.2.6.2. for which you have not obtained all necessary licences and/or approvals;
4.2.6.3. 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 any country in the world; or
4.2.6.4. 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).
4.2.7. You may not misuse the Website (including, without limitation, by hacking; using robots, spiders, data mining or similar data gathering tools; and automated submission of data).
4.3. ELAN shall fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or locate anyone posting any material in breach of section 4 of the GTC.
4.4. Access to the ELAN Community is entirely at the discretion of ELAN. Any User of the ELAN Community or other parts of the Website is required to act within the terms and conditions and the guidelines provided.
4.4.1. Any User conduct deemed in breach of the terms and conditions, ELAN Community guidelines or general appropriateness may result in a ban from the ELAN Community or other parts of the Website
4.4.2. User conduct warranting a ban from the ELAN Community or other parts of the Website is solely at the discretion of ELAN.
4.4.3. A ban from ELAN due to behavioural breaches represents a breach in the terms and conditions of this contract and voids any applicable refunds. Users may still be able to access all other elements of the courses that they have purchased, within the stated duration.
PAID FOR CONTENT AND COURSES
5.1. Within the course section of the Website, the User will find an overview of the paid courses that can be purchased by the User. By purchasing a paid course, the user receives access to learning content and courses for either a specified duration and within the framework of the respective course for the entire contract lifetime and in accordance with meeting the payments of a subscription licence.
5.2. Any paid services, insofar as prices are quoted on the Website, are understood to include any applicable statutory VAT.
5.3. You may not subscribe to a payment schedule if you are under 16 years of age or prohibited from using our service under the laws of the country in which you are resident.
5.4. The billing type, price and contract lifetime are each listed as part of the ordering process and are fully summarised before completion of the order.
5.5. Course access is provided upon payment and the start date of the contract term being the date the course is purchased.
5.6. Subscription contracts have a start date of the date of purchase and an unlimited duration with a specified, periodical payment date. Additional payments are in line with the original subscription contract and do not constitute a new contract. If the User fails to make subscription payments, access to associated courses will be immediately revoked and the contract be deemed to have ended.
5.7. Unless otherwise stated at the time of purchase, all course purchases are subscriptions which automatically renew for the respective contractually agreed term (e.g. 1 week, or 1, 3, 6 or 12 months) unless the User or ELAN terminates the respective Contract up to 7 days before expiry of the contract lifetime respective. Fees for renewal periods will also be charged in advance. All contracts can be terminated at the end of the respective term.
5.8. Access to the ELAN Community or other elements of the Website are provided for the duration of the course purchased. Any extension of access to one or more elements of the Website, including the ELAN Community may be provided after the end of the course duration. Extension of access to any part of the Website is provided at the discretion of ELAN and can be withdrawn at any point in the future.
5.9. Elements of the ELAN Community and within courses provided on the Website may require additional purchases to access. These additional paid for services may be contained within purchased courses and access will only be available upon purchase. Access to courses or areas of the Website, including the ELAN Community does not provide access to these paid for services and any additional costs will be at the discretion of ELAN.
5.10. By selecting a subscription-based course, the User agrees to periodic charging through the selected payment method at the selected time periods (e.g. monthly subscription has monthly charge periods).
5.11. The subscription plan to our Services consist of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. ELAN may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before ELAN reasonably could act. To terminate your authorisation or change your payment method, log into your Paypal or account and manage your automatic subscription payment to us under the ‘pre-approved payments’ tab in ‘settings’. English Like A Native cannot alter this for you. If you didn’t use Paypal to sign up but input your credit / debit card details directly then you will need to cancel your subscription and resubscribe using your preferred payment method. You can cancel your subscription by visiting Member’s Area once logged in, locate the course you wish to unsubscribe from and click the cancel button.
5.12. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
5.13. Single Payments/One-off Payments provide access to a single or multiple courses for the duration outlined in the purchase. This may be 3 months, 6 months, 12 months or lifetime. At the point of purchase your contract term will initiate and after the stated duration, your contract will end and your access to ELAN will expire.
5.14. Lifetime packages provide access to the stated courses for the duration of their availability. Lifetime refers explicitly to the duration of the product(s) included in the Lifetime package, at the point of purchase. If one or more of the products expire or are closed in any way ELAN is not required to replace the product with a like-for-like product. Access to any equivalent or replacement product is explicitly at the discretion of ELAN. Access to the ELAN Community under the lifetime package is for the duration of the availability of the ELAN Community. Any student with a Lifetime package providing access to the ELAN Community can invalidate their access to the community under these terms by acting outside of the contractual agreement, guidelines of the ELAN Community or be otherwise in breach of behavioural standards as defined by ELAN. Any decision regarding behavioural appropriateness/breaches is explicitly, solely and finally at the discretion of ELAN.
5.15. Users who purchase the Accent Assessment as a stand alone or part of a package have 12 months duration. Users must submit their recordings for feedback before the product duration ends. Incomplete assessments are non-refundable. Assessment audio recordings must be submitted in the format outlined in the course and be of sufficient quality for analysis. If recordings are of insufficient quality, the assessment will be completed but feedback will be limited by the quality of the recordings. If additional recordings are required, users will be required to purchase a second assessment. Feedback on submitted audio recordings can be expected within 5 days, however, this is on a best endeavours basis and is not a contractual obligation. Once audio recordings are submitted, Users are no longer eligible for a refund of the cost of the assessment.
5.16. Lifetime packages refer to any course which provides ‘lifetime availability’ to course content.
RENEWAL, CANCELLATION AND TERMINATION OF CONTRACTS
6.1. User cancellation and termination rights are carried out in line with Consumer Contract Regulations
6.2. 7 Day Money Back Guarantee
6.2.1. The 7-day money back guarantee is applicable to all course purchases for a duration of a month or more.
6.2.2. Users may cancel any purchase of a course within 7 days and receive a full refund. Any cancellations after 7 days defer to the Consumer Contract Regulations of a 14 day cool off period.
6.3. A user may cancel any purchase of a course within 14 days and will be refunded a proportional remaining amount of their original purchase. If the User is eligible for the 7-day money back guarantee, this enhanced offer will take precedent.
6.4. Any contracts with subscriptions have a contract start date equal to the date of purchase, the 14-day cooling off period only pertains to the 14 days following the start of the contract.
6.4.1. An additional 14 day cooling off period is afforded to subsequent payments related to subscriptions with 1-year payment intervals.
6.4.2. Contracts acquired by “one-time payment”, are expressly designated as fixed term and the contract ends with the expiry of the term, without the need for termination.
6.4.3. Subscriptions are Contracts of unlimited duration and can be terminated in the member’s area on the website.
6.4.4. Contracts purchased through the Apple App Store, Google Play Store or other service providers must be terminated under the applicable terms and conditions of each service provider. The exact procedure is described on the website of the Apple App Store, the Google Play Store or the other service provider.
6.4.5. The right to termination for cause remains unaffected.
6.4.6. If you wish to cancel your subscription with us, you must cancel 7 days before your next payment is due to be collected, in order to avoid receiving the following access. Customers cancelling after their payment has been taken will receive the following month’s access as their last month.
6.4.7. ELAN reserves the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
PAYMENT PROCESSING
7.1. Payment can be made through any of the payment methods detailed on the website at no additional charge. As part of the payment process, we commission an external payment service provider to process the payment data entered by the User.
7.2. After selecting the desired payment system, the User enters his required data in the appropriate data fields. The commissioned payment service provider is entitled to receive payments for the Website. We reserve the right to restrict the payment systems offered.
7.3. Courses can also be claimed by redeeming a matching coupon. When services are purchased through coupons, they are solely available for the limited period of time determined by the coupon. There may be further obligation to pay a full balance or provide payment details on ongoing subscriptions. Invoicing is not performed.
7.4. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. ELAN may revise the pricing for the goods and services offered through the Website at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Website must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
7.5. All financial transactions made in connection with the Website will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third parties. In no event will ELAN be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.
LIMITATION OF LIABILITY
8.1. ELAN, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the English Like A Native affiliated companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, special, punitive, exemplary 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 websites linked to this Website or the material 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 this Website or your downloading of any material from this Website or any websites linked to this Website. 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.
8.2. The website uses the current and commonly used technologies for its services. In order to fully use the Website, the User must also use these technologies (e.g. current browser technologies, Adobe Flash) or enable their use on their computer or mobile device (e.g. activation of Java script, cookies, pop-ups). When using older or not commonly used technologies, it is possible that the User can only use the Website to a limited extent.
8.3. The internet services required for the use of the Website and the necessary equipment are the sole responsibility of the User with regard to the costs incurred, the availability and the security of the data connection.
8.4. The Provider expressly does not guarantee that the services offered are suitable for the specific goals pursued by the individual user.
INDEMNIFICATION
9.1. The Website may only be used in accordance with these GTC. In particular, Users are not authorised to:
9.1.1. Reverse engineer, decompile, disassemble, modify, or create derivative works based on the Website and course content within;
9.1.2. Circumvent protective measures that the provider or its licensors use to protect content that is accessible via the Website;
9.1.3. To copy, store, edit derivative works made by ELAN, to develop derivative works based on them, or to modify them in any way;
9.1.4. To lease their own user account or to grant sub-licences;
9.1.5. Sharing one’s own user account with other persons and / or granting others access to the paid services of the Website (so-called “shared account”);
9.1.6. Use the Website in any other improper manner that violates these GTC.
9.2. In the case described in 9.1, as well as in all other cases of improper use, the User agrees to indemnify the provider.
9.3. The User agrees:
9.3.1. not to modify any part of the Website, except with the express and prior written consent of ELAN;
9.3.2. not to download or copy any account information for the benefit of any other party;
9.3.3. not to collect or make any use of any product listings, descriptions or prices; not to resell or make any commercial use of the Website or its contents; not to reproduce, duplicate, copy, sell, resell or otherwise exploit the Website for any commercial purpose without express written consent of ELAN; not to use any meta tags or any other “hidden tag” utilising the English Like A Native name or any English Like A Native trademarks without the express written consent of ELAN.
9.4. The User agrees not to circumvent, disable or otherwise interfere with security-related features of the Website or any associated websites and/or tablet and/or mobile applications or features that prevent or restrict use or copying of any content or enforce limitations on the Website’s use.
9.5. You agree to defend, indemnify and hold harmless ELAN, the Website and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Website, any false representation made to us (as part of the GTC or otherwise), your breach of any of the GTC, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
LANGUAGE AND TRANSLATIONS
10.1. All texts, images and other copyrightable content and works made available under the Website are protected by copyright. Any non-contractual use, especially for commercial or business purposes, requires the prior consent of the provider in writing.
10.2. Content specifically provided through a Creative Commons licence is subject to the terms of the applicable Creative Commons licence.
10.3. Any use of all trademarks, brands, designs and business names used by the provider in the context of the offer also requires the prior consent of the provider in text form.
INTELLECTUAL PROPERTY RIGHTS
11.1. All texts, images and other copyrightable content and works made available under the Website are protected by copyright. Any non-contractual use, especially for commercial or business purposes, requires the prior consent of the provider in writing.
11.2. Content specifically provided through a Creative Commons licence is subject to the terms of the applicable Creative Commons licence.
11.3. Any use of all trademarks, brands, designs and business names used by the provider in the context of the offer also requires the prior consent of the provider in text form.
CLAIMS OF COPYRIGHT VIOLATIONS
12.1. If you are a copyright owner and have a good faith belief that any material available through the Website infringes upon your copyrights, you may submit a copyright infringement notification to ELAN by providing us with the following information in writing:
12.1. an electronic or physical signature of the copyright owner or the person authorised to act on behalf of the owner of the copyright interest;
12.2. a description of the copyrighted work that you claim has been infringed;
12.3. a description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it on the Website;
12.4. your address, telephone number, and email address;
12.5. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
12.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.
12.7. Submitted by email: hello@englishlikeanative.co.uk
REPRESENTATIONS OR WARRANTIES
13.1. Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. ELAN has not reviewed all of these third-party websites and does not control and is not responsible for these websites or their content or availability. ELAN therefore does 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 and you understand that the GTC and Privacy Policy of the Website does not apply to your use of any third-party content and services.
13.2. The Website may include advertisements, which may be targeted to the Website or other information. The types and extent of advertising by ELAN on the Service are subject to change. In consideration for ELAN granting you access to and use of the Service, you agree that ELAN and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
13.3. If you would like to link to this Website, you may only 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:
13.3.1. you do not remove, distort or otherwise alter the size or appearance of the English Like A Native logo;
13.3.2. you do not create a frame or any other browser or border environment around this Website;
13.3.3. you do not in any way imply that the Website or ELAN is endorsing any products or services other than its own;
13.3.4. you do not misrepresent your relationship with the Website or ELAN nor present any other false information about Website or ELAN;
13.3.5. you do not otherwise use any English Like A Native trademark displayed on this Website without express written permission from ELAN;
13.3.6. you do not link from a website that is not owned by you; and
13.3.7. 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.
13.3.8. ELAN expressly reserves the right to revoke the licence granted in the GTC for breach of these terms and to take any action it deems appropriate. You shall fully indemnify ELAN for any loss or damage suffered by ELAN and the Website or any of its group companies for breach of the GTC.
13.4. You represent and warrant that:
13.4.1. you are not organised under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive U.S. economic or trade sanctions (i.e., an embargo) or;
13.4.2. identified on a list of prohibited or restricted persons, such as Specially Designated Nationals and Blocked Persons, or;
13.4.3. otherwise the target of U.K. sanctions or sanctions with respect to your country of domicile.
13.5. The website and all content and media within or rights granted or provided to you by ELAN are provided to you on an ‘as is’ basis. ELAN and it’s suppliers and partners make no representations or warranties of any kind with respect to the Website, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, ELAN does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informal content, error-free operation, results to be obtained from use, or non-infringement.
Privacy Policy
14.1. Use of the Website is governed by the United Kingdom and EU laws including the General Data Protection Regulation which is covered by our Privacy Policy which can be found at www.englishlikeanative.co.uk/privacy-policy
14.2. By using the service and/or agreeing to the GTC, you also agree to our Privacy Policy.
Additional Clauses
15.1. The contractual relationship between ELAN and the User is, to the extent permitted by law, subject to British law. If the law of the country in which the consumer is resident provides for greater consumer protection, it will remain unaffected.
15.2. ELAN does not participate in any dispute settlement proceedings before a consumer arbitration board in the sense of the Consumer Dispute Settlement Act.
15.3. The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.
15.4. ELAN reserves the right to change these GTC for a material reason (e.g. due to changes in the legal situation or its own offer, technical developments and the like). This is especially true when new offers on the Website require new regulations.
15.5. The amended GTC are sent to the User in advance by email or by any other suitable form. If the User does not object to the amended GTC within 60 days, they shall be deemed accepted. In the event of an objection, ELAN may block the User’s user account, with payments already made being reimbursed in proportion to the remaining term. ELAN will separately point out these legal consequences in the email containing the changed GTC.
16.6. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the GTC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16.7. While ELAN attempts to ensure that the information on the Website is correct, ELAN does not warrant the accuracy and completeness of the material on this Website. ELAN 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 ELAN makes no commitment to update such material. The material on this Website is provided “as is” and “as available” basis, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, ELAN provides you with this Website on the basis that ELAN excludes all representations, warranties (either express or implied), conditions and other terms (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
Affiliate Agreement
17. This Agreement describes the entire terms and conditions for participation in the English Like A Native Affiliate Programme and forms part of the GTC. All elements of the GTC are applicable to the Affiliate Agreement.
Definitions
17.1.1. As part of the GTC, within the affiliate agreement, “we” or “our” means ELAN, and “you”, “your,” “applicant,” or “Affiliate” means the affiliate applying to join the Affiliate Marketing Programme.
17.1.2. “Website” means Englishlikeanative.co.uk, www.community.englishlikeanative.co.uk and all pages on the site.
17.1.3. “Product” means any course, item, subscription plan or any other exchange involving a financial transaction, sold on the Website.
17.1.4. “Sponsoring Website” individually and collectively means your website and/or e-mail communications and/or software applications, belonging to you, or via a managed location on another website, such as a social media website or application, from which you will place Referral Links to the Website.
17.1.5. “Referral Link(s)” means the specific URLs assigned to a Sponsoring Website under this Affiliate Marketing Programme.
17.1.6. “Affiliate Marketing Programme” means the programme managed by or on behalf of ELAN, by which participating entities place links on their Sponsoring Website that connect to the Website and for which a referral fee is earned for Qualifying Purchases.
17.1.7. The terms “Qualifying Purchase”, “purchase”, “sale,” or “Affiliate sale,” used in this Agreement mean the purchase of a Product by third parties who navigate from your Sponsoring Website to the Website through a Referral Link. Purchases of Products made through any links other than Referral Links are not included.
17.1.8. “Net Proceeds” will mean the gross proceeds received by ELAN from Qualifying Purchases, less costs and expenses attributable to taxes, shipping and handling, fraud, bad debts, and duties.
17.1.9. “£”, “pound” or “pounds” mean British Pounds Sterling.
Term
17.2.1. This Agreement shall become effective on the date of our acceptance of your application to enrol the Sponsoring Website in our Affiliate Marketing Programme, such application signifying your acceptance of this Agreement. The term of this Agreement shall end when either party gives a thirty (30) days termination notice to the other unless otherwise terminated according to the provisions set herein.
17.2.2. Unless there is an obvious problem, our procedure is typically to accept all applicants in good faith, but we reserve the right to reject applicants later or terminate this Agreement at any time if we determine, in our sole discretion, that you have breached any terms of this Agreement and/or if your website is deemed in our sole discretion not to be a good fit for our brand. You acknowledge that if we terminate this Agreement for reasonable cause, you shall forfeit any accumulated earnings in your account as of the date of termination. This does not limit our right to seek other remedies under law or equity.
Promotion
17.3.1. You are free to promote the Referral Link as you see fit, provided you do not participate in any of the forbidden actions set out in Section 4. The Affiliate Gateway on the Website consists of our recommended ways of promotion, including through banners, text links, and other marketing material. You may add as many links as you wish to the Website or to remove such links at any time and without prior approval from ELAN.
17.3.2. Examples of acceptable ways to promote the products are: through banners, text links, and letters of recommendation to newsletter subscribers or to your client base. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer our Products on any WAREZ, CRACK, or SPAM oriented website, your account will be immediately terminated for breach and you shall forfeit any accumulated earnings in your account as of the date of termination.
17.3.3. As the Affiliate, you are solely responsible for your Sponsoring Site and for ensuring that your reviews, product descriptions and articles (if applicable at your Sponsoring Site) obey all applicable copyright and other laws. You must have express permission to use another party’s copyrighted material. We will not be responsible if you use another party’s copyrighted material in violation of the law.
Forbidden Actions
17.4.1. This Agreement will be terminated without notice if, in our sole discretion, we determine that the Affiliate has breached any or all of the following explicitly prohibited actions. THE AFFILIATE WILL FORFEIT ANY ACCUMULATED UNPAID EARNINGS IF THE AGREEMENT IS TERMINATED UNDER THIS PROVISION.
17.4.2. Click Fraud: Affiliate shall not, either directly or indirectly, act, encourage or require users to click on links to Website and/or generate clicks or orders through any means that could be reasonably interpreted as coercive, incentivised, misleading, malicious, or otherwise fraudulent.
17.4.3. Inappropriate Content: No Referral Link should be placed on any page or screen that contains content that:
17.4.3.1. incites, encourages, advocates or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
17.4.3.2. incites, encourages, advocates or promotes illegal activities including, but not limited to, violence against persons or property, terrorism, armed insurrection, piracy or treason;
17.4.3.3. promotes sexually explicit materials;
17.4.3.4. incites, encourages, advocates or promotes the sexual abuse or exploitation of children and minors;
17.4.3.5. violates the intellectual property rights of third parties; or
17.4.3.6. contains or promotes deceptive information.
17.4.4. Own Purchases: Affiliate shall not use their own affiliate link in order to receive commissions on their own purchases.
17.4.5. You may not use misleading details, promises or explanations in any sales copy for links related to our products or services.
Tracking of Qualifying Purchases
17.5.1. Upon joining our Affiliate Marketing Programme, we will provide Affiliates with a unique Referral Link(s) and a cookie set with a 90 day expiration so that the Affiliate will be credited for any sale that occurs on a return visit by a referred user, within the timeframe. However, the cookie containing your identification will not be replaced with the cookie of another participant of this Affiliate Marketing Programme if the user subsequently accesses the Website from the link of the other participant, within the 90 day timeframe. Our cookie policy is set to ‘first click’ meaning that if your link is attributed to the first visit of the customer to our website, you will receive any commissions attributed to your affiliate link.
17.5.2. We will exercise reasonable care in tracking the Qualifying Purchases. The Affiliate shall be responsible for ensuring that these special unique Referral Links are formatted properly, which is necessary for the tracking of sales. You will be responsible for integrating the Links into your site to properly enable sales tracking, and we will not be responsible for your failure to do so, including to the extent such failure may result in any reductions of amounts that would otherwise be paid to you under this Agreement. Statements of Qualifying Purchases activity will be provided to the Affiliate via a special URL assigned to your account.
Fulfilment of Orders
17.6.1. The price charged for every Product will be determined by ELAN according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on the Website linked from your Sponsoring Site. Product availability can change at any time at our discretion. Commission for any products purchased during a sale will be based on the sale price.
17.6.2. We will exercise reasonable efforts to keep the Website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Affiliate agrees not to hold ELAN liable for any consequences that may result from such interruptions.
17.6.3. We will be solely responsible for processing and fulfilling every order placed by a customer following a Referral Link. Order entry will use the Website’s secure online ordering process. All website use terms and policies governing the use of the Website will apply to orders received through your Referral Links. The Affiliate does not have the authority to make or accept any offer on our behalf. We reserve the right to reject any order that does not comply with our terms of use and/or policies. We are not responsible for any representations made by the Affiliate which contradict our terms of use, policies or product characteristics. To protect the privacy of our customers, the names and other personally identifiable information about customers who made the Qualifying Purchases will not be provided to you. All such customer information shall be owned solely and exclusively by ELAN.
Referral Fees and Payment
17.7.1. Unless otherwise agreed in writing between the parties, we will pay you a commission equal to 15% of the aggregate Net Proceeds received from Qualifying Sales originating from your Referral Link(s) (“Referral Fee”). Referral Fees will also be payable on subsequent subscription renewals made to customers during the Term of the agreement who previously made a Qualifying Purchase through a Referral Link from you under this Affiliate Marketing Programme. Affiliate shall be responsible for all taxes associated with the receipt of any payments.
17.8.1. Payments for the applicable Referral Fee shall be made to the Paypal account in the name and address you provide to us on or about the first Friday of every month. You are solely responsible for ensuring that the account information is accurate and up to date. If, during any calendar month, referral fees do not exceed the payout minimum (currently set at £100.00 but may be changed at our discretion at any time), then you may not receive payments until the following calendar month during which your aggregate referrals fees equal or exceed said amount or until the termination of this agreement, whichever occurs earlier.
17.9.1. You are eligible to earn a Referral Fee only for Qualifying Purchases made during the Term of this Agreement. No payment will be made to Affiliate for sales that result in refunds or returns and, at our own discretion, we may elect to withhold payment for a reasonable time to ensure against cancellations or refunds. If the commission has been paid to the Affiliate for a purchase later returned by the customer, the commission for such purchase will be deducted from the next monthly payment. Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the products are not returned or the orders cancelled. Remittance of the final referral fee payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.
Referral Fees and Payment
17.7.1. Unless otherwise agreed in writing between the parties, we will pay you a commission equal to 15% of the aggregate Net Proceeds received from Qualifying Sales originating from your Referral Link(s) (“Referral Fee”). Referral Fees will also be payable on subsequent subscription renewals made to customers during the Term of the agreement who previously made a Qualifying Purchase through a Referral Link from you under this Affiliate Marketing Programme. Affiliate shall be responsible for all taxes associated with the receipt of any payments.
17.7.2. Payments for the applicable Referral Fee shall be made to the Paypal account in the name and address you provide to us on or about the first Friday of every month. You are solely responsible for ensuring that the account information is accurate and up to date. If, during any calendar month, referral fees do not exceed the payout minimum (currently set at £100.00 but may be changed at our discretion at any time), then you may not receive payments until the following calendar month during which your aggregate referrals fees equal or exceed said amount or until the termination of this agreement, whichever occurs earlier.
17.7.3. You are eligible to earn a Referral Fee only for Qualifying Purchases made during the Term of this Agreement. No payment will be made to Affiliate for sales that result in refunds or returns and, at our own discretion, we may elect to withhold payment for a reasonable time to ensure against cancellations or refunds. If the commission has been paid to the Affiliate for a purchase later returned by the customer, the commission for such purchase will be deducted from the next monthly payment. Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the products are not returned or the orders cancelled. Remittance of the final referral fee payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.
Intellectual Property
17.8.1. You hereby recognise our right of ownership (or licence) of all trademarks, trade names, and other intellectual property rights associated with the Website and the Products. You will act consistently with these rights and act to preserve them in the course of marketing and sales of our Products. We hereby grant you a non-exclusive, non-transferable, royalty-free licence to establish hyperlinks between your Sponsoring Website and our Website and to use our trade names, logos, trademarks and service marks (the “Website Marks”) on your Sponsoring Site solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform your obligations under this Agreement; provided, however, that any other usages shall be subject to our prior written approval.
17.8.2. You hereby grant to us, during the Term, a non-exclusive, non-transferable, royalty-free licence to use your trade names, logos, trademarks and service marks (the “Affiliate Marks”) solely as is reasonably necessary to make reference to you in our marketing collaterals and Website (including related sites owned and/or operated by ELAN) and to otherwise perform our obligations under this Agreement; provided, however, that any other usages shall be subject to your prior written approval.
17.8.3. Except as set forth above, you and we each reserve all right, title and interest in respective intellectual property rights and use of the other’s intellectual property is strictly prohibited.
Representations and Warranties
17.9.1. Each party hereby represents and warrants that:
- 17.9.1.1. it has full power and authority to enter into this Agreement and to perform its obligations hereunder;
- 17.9.1.2. it has obtained all permits, licences, and other governmental authorisations and approvals required for its performance under this Agreement;
- 17.9.1.3. the services to be rendered by each party under this Agreement neither infringe nor violate any patent, copyright, trade secret, trademark, or other proprietary right of any third party.
17.9.2. We make no warranties, representations or conditions with regard to this Affiliate Marketing Programme, the Website, or the Products except as expressly set forth in the Website’s then-current product sales policies, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing, or usage of trade.
Limitation of Liability
17.10.1. ELAN shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or the Affiliate Marketing Programme, even if we have been advised of the possibility of such damages. Further, in no event shall our aggregate liability arising under or with respect to this Agreement and/or the Affiliate Marketing Programme exceed the total referral fees paid or payable by us to Affiliate under this Agreement for the preceding twelve (12) months from the date of claim.
Indemnification
17.11.1. We agree to indemnify, defend and hold harmless you and your affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney’s fees) relating to the operation of our Website, a breach of our obligations under this Agreement, or the violation of any third party intellectual property rights by the materials we provide to you for display on your Sponsoring Site.
17.11.2. You agree to indemnify, defend and hold harmless us and our affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney’s fees) relating to the operation of your Sponsoring Site, a breach of your obligations under this Agreement, or the violation of any third party intellectual property rights by your Sponsoring Site or by materials you provide to us for display on our promotional materials and/or websites.
Miscellaneous
17.12.1. Independent Contractor: The relationship between you and ELAN is one of independent contractor and nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate shall not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to the foregoing restriction, this agreement is binding upon, inures to the benefit of, and is enforceable by the parties and their respective successors and assigns.
17.12.2. Notice: Any notices under this Agreement will be given in writing. Notices to ELAN may be given by electronic mail to affiliates@englishlikeanative.co.uk and notices to Affiliate may be given by electronic mail used on your application form (and if applicable, as updated), which shall be deemed delivered and given for all purposes on the sent date, but only if the receiving party has confirmed its receipt.
17.12.3. Modification: We reserve the right to change any of the terms and conditions of this Agreement, at any time and at our sole discretion, by posting a new agreement on the Website. If you disagree with any of the updated terms, your sole remedy is to terminate within seven (7) days from the date of notice. Your continued participation in the Affiliate Marketing Programme indicates your acceptance of the updated terms.
By signing up for our affiliate programme, you are in effect, agreeing to the above Affiliate Agreement.
