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Terms and conditions of use

‍Welcome to EF Hello, the premier service for people around the world to learn a language.

By visiting, using, becoming a member of, purchasing a gift subscription from, or subscribing to EF Hello or using the information, tools, features and functionality located on EF Hello (the “Service” or the “App”), you are entering into a binding contract with EF Language Learning Solutions AG Selnaustrasse 30, 8001 Zurich, Switzerland (“EF LLS” or “we”), whether you are a "Visitor" (which means that you simply browse the App) or you are a "Member" (which means that you have registered with EF Hello). The term "you" or "User" refers to a Visitor or a Member. If you wish to become a Member, communicate with other Members and/or make use of the Service, you must read these Terms and Conditions of Use (the “Terms”) and indicate your acceptance during the registration process.

These Terms and our Privacy Policy (the “Agreement”) represent the entire contract between you and the Company with respect to EF Hello.

This is important and affects your legal rights, so please read these Terms and our Privacy Policy carefully.

If you do not agree with these Terms, please do not use the Service.

In order to use the Service, you need to (a) be 18 years of age or older to use teacher-led classes (whether group or private), and be 16 years of age or older to use other parts of the Service (e.g. the self-study side of the Service), or be 13 years of age or older and have your parent or guardian’s consent to this Policy, and (b) have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. If we learn that you are under 18 and taking part in teacher-led classes and/or under 16 and using other parts of the Service without consent from your parent or guardian, we will have the right to terminate all of your classes and/or disable your account. You also warrant that any registration information that you submit to us is true, accurate and complete, and you agree to keep it that way at all times.

Before you continue, you should print or save a local copy of this Agreement for your records.

1 Changes to the Agreement, Term and Termination
Occasionally we may make changes to the Service and the Agreement from time to time with future effect and as necessary for technical, economic or legal reasons. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services or portions of EF Hello. Any modification or elimination of the Services will be done at our sole and absolute discretion and without an ongoing obligation or liability to you. When we make changes to the Agreements that we consider material, we will notify you in text form (simple email shall suffice) no later than six (6) weeks before their proposed effective date. By continuing to use the Service after their proposed effective date, you are expressing and acknowledging your acceptance of the changes. Your recourse upon dissatisfaction with the modified terms of use is to cancel your membership or subscription.

The Agreement will continue to apply to you until terminated by either you or EF LLS. We may terminate the Terms or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service or non-compliance with the Terms. If you or we terminate the Terms, or if we suspends your access to the Service, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To terminate your EF Hello account, please contact us here.

2 Licence
The Service and the content provided through it is the property of EF LLS or its licensor(s), and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Service and to receive the content made available through the Service in your local country, based on the subscription or trial you have selected (the “License”).

The EF Hello software applications are licensed, not sold, to you, and EF LLS or its licensor retains ownership of all copies of the software applications even after installation on your devices.

All materials of the Service, including content, text, images, software, audio and video files, documentation and EF Hello remain at all times the sole property of EF LLS or its licensors. Such materials are protected under international copyright, trademark and other intellectual property laws. You may not post, distribute, sublicense, translate or reproduce in any way any such materials without the prior express written consent of EF LLS.

All trademarks, service marks, trade names, logos, domain names, and any other features of the EF Hello or EF brand are the sole property of EF LLS or its licensor(s). This license does not grant you any rights to use the EF Hello or EF trademarks, service marks, trade names, logos, domain names, or any other features of the EF Hello or EF brand, whether for commercial or non-commercial use.

You agree to abide by our User Guidelines (Section 3 below), and not to use the Service in any manner not expressly permitted by the Terms. You are only entitled to access and use the Service for lawful purposes.

3 User Guidelines‍ We’ve established a few ground rules for you to follow when using the Service, to make sure EF Hello stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.

Please note that the opinions and messages posted by users at EF Hello do not reflect and are not representative of the views of EF LLS or its employees, affiliates, suppliers or partners. We are not responsible for the content of messages sent by users to other users through EF Hello.

3.1 User generated content
EF LLS strives to create a global community of foreign language learners. As such, users may have the ability to post messages, upload and/or contribute content to the Service, including pictures and text, use chat rooms, participate in group or one-on-one discussions/lessons, and find language resources, such as pen pal correspondents, local language schools and job offers (hereinafter jointly “User Content”). You represent that you have the right to post or in other ways contribute any User Content which you post or otherwise contribute to the Service, and that such User Content, or its use by us, does not violate this Agreement, any applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with EF Hello. Aside from the rights specifically granted to us herein, you retain ownership of all rights, including intellectual property rights, in the User Content, except that, where applicable under local law, you agree to waive your right to be identified as the author of any User Content on the Service and your right to object to derogatory treatment of such User Content.

You are solely responsible for the content of the User Content. In addition, by using these Services, you agree not to publish, contribute or post any material that:

· Corporate affiliates Contains content that is not original or for which you have not received the prior express written consent of the originator of said content.

· Contains objectionable language or is in any way profane, pornographic, sexually explicit, slanderous or libelous.

· Attempts to contact a fellow user of the Service without explicit solicitation by that user.

· Contains viruses or any other code designed to interrupt, destroy or incapacitate the functionality of any software, hardware or telecommunications.

· Can be considered "spamming," such as chain letters, junk mail, or other solicitations.

· Attempts to impersonate another person or breaches the security of the Service and its users.

We may remove any posted message, recorded discussions/lessons or other User Content at any time. Any directory over fellow students, including the information contained therein represents proprietary information owned and maintained exclusively by EF LLS. Using the directory for any purpose other than language learning correspondence between EF Hello members is strictly forbidden.

We do not actively monitor, review, or edit User Content, but reserves the right to monitor the Services for purposes of determining that the usage is in compliance with this Agreement and applicable laws. We may remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in EF LLS’s sole discretion, violates law, this Agreement or is otherwise unacceptable to us. We may take these actions without prior notification to you.

‍3.2 Intellectual Property‍ We respects intellectual property rights and expects you to do the same.

This means, for example, that the following is not permitted: (a) copying, reproducing, “ripping”, or making available to the public any part of the Service or content delivered to you via the Service, or otherwise any making use of the Service which is not expressly permitted under these Terms; (b) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Service or any part thereof; (c) circumventing any technology used by EF LLS, its licensors, or any third party to protect content accessible through the Service; (d) renting or leasing of any part of the Service; and (e) providing your password to any other person or using any other person’s user name and password.

You agree that you will not:

· Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor EF Hello or any portion of EF Hello, without EF LLS’s express written consent, which may be withheld in EF LLS’s sole discretion;

· Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search EF Hello, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer); or

· Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of EF Hello or the Service.

3.3 User activities‍ Please respect EF Hello and other users of the Service.

Don’t engage in any activity on the Service, contribute or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of EF LLS or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content, such as viruses, worms, Trojan horses or any other contaminating or destructive features, or otherwise interferes with any user’s access to the Service or the proper working of EF Hello or the Service; (e) is intended to or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar (h) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (i) promotes commercial products or services; (j) interferes with the Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or EF LLS’s computer systems or network, or breaches any of EF Hello’s security or authentication measures, or (k) conflicts with the Agreement, as determined by EF LLS.

Please be thoughtful about what you make public on EF Hello. The Service includes social and interactive features, including the ability to post and otherwise contribute User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared, recorded or otherwise publicly available information may be used and re-shared by other users on EF Hello or across the web, so please use EF Hello carefully and manage your account settings regularly. We have no responsibility for your choices to make any actions or material public on the Service.

You are responsible for maintaining the secrecy of your EF Hello account (the "Account"), username and password. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please contact us here immediately and change your password as soon as possible.

In order for the Service to function effectively, you must also keep your registration information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

In our sole discretion, we may terminate your Account, or modify, reclaim or remove any username associated with your Account, for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account and/or the Service.

4 Technology limitations and modifications ‍
We will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Service or any function or feature thereof.

5 Privacy and Security Policy
You will be required to register and create an account with EF Hello in order to access certain features of the App and Services. Information gathered through the registration process and information related to your account will be subject to these Terms as well as to our Privacy Policy. You represent and warrant that you will not create an Account for anyone other than yourself without permission, that all information provided by you when creating an Account is true, accurate and complete, and that you will maintain, at all times, true, accurate and complete information related to your Account.

Your use of EF Hello and any personal information or other information about you collected by EF LLS through, or in connection with, EF Hello is subject to our Privacy Policy.

6 FEES AND PAYMENTS
Some materials and features of the EF Hello App may only be available through purchase. In accordance with this Agreement, you are responsible for any charges associated with the connection to the App. EF Hello reserves the right to introduce registration fees, or other fees, at any time or to change or set up new rates, upon notice posted in the App, sent by email, sent by text message or by mobile phone.The purchase details of your current course (“Subscription”) are always available through the “Manage Subscription” section of the EF Hello App. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the paid Subscription prior to the price change going into effect.

7 Trials‍ From time to time, we may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). EF Hello may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION BEFORE THE END OF THE TRIAL.

Notice of right to withdrawal and Declaration of immediate performance

If you reside in a country within the European Union and have purchased a Subscription online or via phone, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase without giving any reason.

The withdrawal period will expire after 14 days from the day on which the contract is concluded.

To exercise the right of withdrawal, please follow the instructions in the following link：https://hello.ef.com/faq#faq-cancellation

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

You hereby expressly agree that EF Hello shall commence implementing the contract before the end of the withdrawal period set forth above. You acknowledge that by giving this consent you will lose the right to withdraw from the contract once we have commenced implementing the contract. Where you nonetheless withdraw from a contract, you shall compensate us for the value of such Service provided until the withdrawal taking effect. ‍

‍8 Renewal; Cancellation‍
Unless your Subscription has been purchased for a fixed period, your payment to us will automatically renew at the end of the applicable subscription period, unless you cancel your Subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period. If you cancel your Subscription after the Cooling-off Period is over (where applicable), or before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you wish to receive a full refund of all monies paid to EF Hello before the Cooling-off Period is over, you must contact Customer Support by pressing the 'Submit Feedback' button on the app homescreen. When we process any refund, we will refund amounts using the method you used for payment. Where you have purchased a subscription for, or features of, the EF Hello App through an app store, the cancellation and refund of subscription fees will be governed by the applicable terms and conditions of that app store instead of the above.

The parties’ right to immediately terminate any Subscription for good cause shall remain unaffected. Such good cause shall in particular exist, if (a) a party commits a material breach of these Terms, and such breach has not been cured within thirty (30) days after receipt of written notice thereof (simple email to be sufficient); (b) you are in default of payment by more than forty-five (45) days; or (c) you breach the use restrictions in section 3.

9 Limitation OF LIABILITY and Indemnification
You have checked that the specification of the Service as described in the relevant description on the Site meets your needs and wishes. You are aware of the essential functionalities and features of the Service. The extent, nature and quality of the Service are determined by these Terms, the Subscription, the Payment Plan, and the relevant description on the Site. Any other information or requirements do only form part of these Terms if you and EF LLS so agree in writing. Product descriptions, illustrations, test programs, etc. do not constitute guarantees or agreements on certain specifications. In order to be valid, an agreement on a guarantee requires the written confirmation from authorized signatories of EF LLS.

We warrant that the Service will, in all material respects, conform to the functionality described in the relevant description on the Site for the applicable Service version. In case of a breach of this warranty we shall be required to use commercially reasonable efforts to modify the Service to conform in all material respects to the relevant description on the Site, and if we are unable to materially restore such functionality within thirty (30) days from the date of written notice of said breach, you shall be entitled to terminate the Subscription upon written notice and receive a pro-rata refund of the Service fees which have been paid in advance (if any) for unused access the Service. You must notify us in writing of any warranty breaches and you must have installed and configured the Services in accordance with the relevant description on the Site to be eligible for the foregoing remedy. Your claims for damages for a breach of this warranty are subject to the limitations set forth below.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EF LLS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WE HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES. EF LLS’ LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE IN THE THREE MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Nothing in this Agreement removes or limits EF LLS’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence to the extent permitted by law.

You agree to indemnify, defend and hold harmless EF LLS and its affiliates, partners, suppliers, and employees from any and all liability, claims, costs, or damages arising from your use of EF Hello or the Services or your breach of this Agreement.

‍10 Miscellaneous‍
You are responsible for obtaining and maintaining any equipment and ancillary services needed to access or otherwise use the Service, including, without limitation, modems, hardware, servers, software, operating systems and networking (collectively “Equipment”) at their own cost. Our current Equipment requirements (as amended from time to time) may be accessed on the Site.

EF LLS may assign the Agreement or any part of it without restrictions. You may not assign the Agreement, or transfer or sub-license your rights under this license, to any third party. Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.

Unless otherwise agreed or required by a mandatory law, these Agreements are subject to the laws of Switzerland, without regard to choice or conflicts of law principles. Further, you and EF LLS agree to the exclusive jurisdiction of the courts of Switzerland to resolve any dispute, claim or controversy that arises in connection with this Agreement. The European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact us at [email protected].

You agree that if EF LLS does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which EF LLS has the benefit of under any applicable law), this will not be taken to be a formal waiver of EF LLS’s rights and that those rights or remedies will still be available to EF LLS.

All covenants, agreements, representations and warranties made in this Agreement shall survive the termination of this Agreement.

Thank you for reading our Terms. We hope you enjoy EF Hello. If you have any questions about EF Hello or EF LLS's policies and practices, please contact us here.