General Terms and Conditions of Linguru

Remark: The following terms and conditions uniformly use the term “customer”. This term includes every natural and legal person who enters a business relationship with the NEXT LEVEL learning GmbH which operates Linguru (in the following referred to as “Linguru”). This includes besides others language students of our Online courses.

§ 1 General Provision and Scope of Agreements

These General Terms and Conditions (GTC) apply to all business transactions with our customers. The terms and conditions are accepted by the customer on placing an order and are valid for the entire duration of the business agreement. They also apply to future transactions. Contrary Terms and Conditions shall only be binding on us if we have expressly recognized them.

§ 2 Agency

All language services of Linguru are supported by NEXT LEVEL learning GmbH, based at:

Warschauer Straße 36
10243 Berlin
info@linguru.net
Amtsgericht Charlottenburg HRB 207488 B

§ 3 Privacy Policy

The data will be used by Linguru solely for the purposes of the contract. The detailed data protection regulations of Linguru can be found here.

§ 4 Lessons

The terms ‘teaching unit’ and ‘teaching hour’ refer to the standard 45-minute period used generally by language schools.

Courses at Linguru are based on ‘monthly’ periods meaning exactly 4 weeks. This allows for an intuitive and fair system of monthly student registrations. Regularly, Linguru also offers courses which run for a shorter amount of time and are reduced in price accordingly.

Online classes are small groups typically consisting of 4 to a maximum of 10 participants.

§ 5 Registration for online courses

Customers can register for courses online via the Linguru website. Registering online, the customer can choose from the available levels and course types offered on the Linguru website. After selecting a course, they will be requested to enter their personal data and send a ‘binding registration request’ to enrol for the course. Before this stage, the customer can review and modify any data at any time. The customer must confirm to accept the General Terms and Conditions and Privacy Policy to complete the registration, by ticking the respective check box. After clicking “Binding Registration”, the customer will be transferred to Linguru’s online payment tool. The course must be paid in full to complete the registration process. In case this step is omitted, the registration will not be considered valid and Linguru is relieved from any obligation towards the customer.

Completion of the registration form will generate an email to the customer containing all course details and providing a link to the school’s Terms and Conditions. The email itself is not proof of a completed registration – if payment has not been received, meaning the registration is not yet valid, Linguru will notify the registrant as soon as possible in order that they can complete the payment process.

A completed registration guarantees the customer may participate in the course chosen for the month in question (i.e. starting date) at the chosen language level.

§ 6 Requirements for participation

6.1 Technical requirements: After the course registration the customer gets access to the Linguru learning platform. To access the Linguru learning platform and to join the online group courses the customer needs to have a computer, laptop or smartphone and a stable internet connection. The customer is responsible to ensure that technical requirements are fulfilled from customer side to participate in the booked course. Technical problems from customer side to not lead to an right to compensation, course postponement or cancellation.

6.2 Language requirements: The participant is advised to check the most suitable language level for him or her before registering for a course. For this, Linguru offers the customer a free-of-charge placement test on the website. This placement test can help as a guideline for self-evaluating the correct language level. Linguru does not take responsibility for the correctness of the test result of the placement test.

§ 7 Usage of the Linguru services and the Linguru learning platform

7.1 The customer receives temporary and non-exclusive access to the Linguru learning platform. The temporary right to access the Linguru learning platform is non-transferable. All provided materials on the platform are solely for private usage only. It is forbidden to pass on personal login information to other people. A violation of this rule will lead to a blocking of the customers account.

7.2 If the customer does not extend the course booking period, the customer login will be blocked 30 days after the last course. The customer information and the learning progress will not be deleted, so that the customer is able to reactivate the account at a later time.

7.3 Linguru can terminate the account of the customer and/or claim, change or delete user names, if this is necessary due to law or security reasons or if Linguru has objective reasons to believe that the services are misused against the interests of other Linguru customers or if the customer infringes this terms and regulations. Linguru is not obligated to save any kind of protocol of the account itself or of any data or information stored in the account.

§ 8 Copyright

All content provided by Linguru, incl. learning material, self-study content, text, pictures, software, audio content, video content etc. (“Linguru content”) used within the online courses and on the learning platform are copyright protected. It is strictly forbidden to make any kind of copy in full or in part of the Linguru content or share it with other people.

§ 9 Indemnification

The customer agrees to not:

  • Take any kind of recording in any form (e.g. video, audio, picture) of the Linguru website, the Linguru platform or the Linguru online courses.
  • 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 the Linguru website, Linguru learning platform or any portion of Linguru, without Linguru’s express written consent
  • 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 Linguru, 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);
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Linguru or the Linguru services.
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Linguru or the Linguru services. The customer is aware that the carrier’s normal rates and fees, such as text messaging fees, will apply when accessing Linguru with your portable devices.

§ 10 Limitations to Liability

10.1 Linguru uses the current and commonly used technologies for its services. In order to fully use Linguru, the customer must also use these technologies (e.g. current browser technologies) or enable their use on their computer or mobile device (e.g. cookies, pop-ups). When using older or not commonly used technologies, it is possible that the customer can only use Linguru to a limited extent.

10.2 It is in the sole responsibility of the customer to ensure the necessary technical equipment is used to access the Linguru platform and the Linguru services as stated in §6.1 and §10.1. The customer also takes responsibility with regard to the costs incurred, the availability and the security of the data connection.

10.3 In rare cases it can happen that the accessibility to the Linguru learning platform or the Linguru services are hindered due to technical issues or maintenance work or other necessary measures to ensure the functionality and security. A temporary non-accessibility does not lead to any right of claim. There is no right for compensation, course postponement or cancellation.
Also, in the unlikely case of a server break down or short-term technical problems of the teacher (e.g. microphone problems) during the online course, no claim for compensation, course postponement or cancellation arises. In case of severe technical problems, Linguru will offer a replacement appointment for the affected lesson.

10.4 Claims of the customer for damages are excluded. This does not apply to claims for damages by the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages resulting from intentional or grossly negligent breach of duty on the part of Linguru, its legal representatives or vicarious agents based. Significant contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. A “cardinal duty” or “essential contractual obligations” are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on the compliance of which the contractual partner regularly trusts and may rely.

10.5 In the event of a breach of essential contractual obligations, Linguru shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the user resulting from injury to life, limb or health.

10.6 The limitations of paragraphs 10.4 and 10.5 also apply to Linguru’s legal representatives and vicarious agents if claims are asserted directly against them.

§ 11 Community Chat behaviour

When using the chat function on the Linguru platform the customer has to write messages in a respectful manner. We do not tolerate any form of messages containing discriminating, assaulting or sexually intimating content in any form, including discrimination because of race, religion or sexual orientation.

The customer additionally is committed to:

  • Not to post any kind of content, which is not original or for which the customer did not get the prior written approval of the originator or content which is against general law or regulations of third parties.
  • Not to post messages containing viruses or other code, which is meant to destroy, disturb or slow down, the functions of software, hardware or telecommunication or the Linguru website, platform or other services.
  • Not spread any content with fraudulent or deceptive intent, or use the chat function for any kind of advertisement, marketing or other forms of information which can be considered as junk or spam mail.
  • Not imitate identities of other persons or do any other form of activity to jeopardize the security of privacy of other Linguru customers or Linguru employees.

Noncompliance will lead to an immediate exclusion from the community chat.

Linguru stresses that all messages and content posted or shared by customers of Linguru services are solely the opinions of the customer posting or sharing, and do not in any way reflect the opinion of Linguru or the Linguru employees. Linguru is not responsible for messages, which are send from one customer to another customer.

§ 11 Participant Cancellation, Postponement and Refund Policy

11.1 Lessons missed will not be refunded. A claim for compensation can also not be made in this event.

11.2 A participant may withdraw from a course in accordance with the following cancellation policy: A 70% refund of total course fees paid can be provided if a participant withdraws from their course no later than ten days before the course begins, after this no fees can be refunded. Any cancellation requests must be communicated to Linguru in writing (letter or email). The request of cancellation can only be made through the person who originally paid for the course (“payer”). A refund can only be made to the original payer’s account.

11.3 At times Linguru will offer temporary special deal prices for a dedicated time. Booking made with temporary special deal conditions are not refundable under any circumstance.

11.4 Under the following regulation a customer can postpone a course booking to a later month. A postpone of a course booking to a later month can be done, if the explicit request has been communicated no later than ten days before the course begins in writing (letter or email).

11.5 Specifics of multi-month course booking: Multi-month course registrations are considered one course for cancellation purposes, with the start of the first month of courses counting as the start of the multi-month course. A postponement to another month is also only possible for the whole multi-month package and with a notice of no later than 10 days before the start of the first course of the package booking.

11.6 Specifics of visa-relevant courses: Language courses bookings which are used for the application of a national visa, can not be cancelled. A cancellation of visa-relevant course bookings is only possible with an official letter of visa refusal by the authorities and if the cancellation is communicated to Linguru no later than 10 days before the course begin. In case of a successful cancellation 70% of the course fee (less potential bank expenses) will be refunded.

11.7 Linguru will try to ensure continuity with the same teacher throughout a course, however, when this is not possible, a change in teacher does not constitute grounds for a refund – this applies to all types of lessons, including one-to-one.

11.8 Special cancellation regulations apply for private lessons and workshops (see § 13 + § 14)

§ 12 Linguru Cancellation, postponement, public holidays

In the extremely unlikely event of a cancellation on Linguru’s part, the participant is entitled to a refund or to postpone the course to a later date. No further claims for damages can be accepted. Linguru retains the right to change course dates and cancel courses affected by a low turnout of participants. All payments in this event will be refunded. No further claims can be asserted. Linguru is closed on official public holidays of the federal state of Berlin. Classes falling on public holidays will not be rescheduled or compensated.

§ 13 One-to-one Lessons

Payment

Customers can between different one-to-one lesson packages. For new students it is possible to cancel the package booking after a first trial lesson. In case of a cancellation after the first lesson, the cost for the first lesson will be deducted from the package price and the rest will be refunded to the customer. For a 60 min. trial lesson 50 EUR are deducted for a 90 min. lesson 75 EUR.

Registration is complete only after payment has been received and no appointments can be scheduled without the payment.

Scheduling lessons

The lessons may be organized at times and dates that suit the customer, subject to teacher availability and provided each lesson is a minimum of 60 minutes in length.

Ticket Validity

One-to-one lesson tickets are valid for 6 months starting from the day of payment. Customers must request approval from the school by email if a long break between lessons or a longer ticket validity period is required. After the validity period the one-to-one lesson tickets expire without the entitlement of a compensation.

Cancellation, postponement and refund policy

One-to-one lesson tickets cannot be refunded, wholly or partially. Lessons may be postponed, provided this is requested in writing during the school’s opening hours not later than 12pm on the working day prior to the appointment in writing via email to info@linguru.net. Cancellations or postponements requested after this point are chargeable i.e. the cost is deducted from the customer’s ticket.

§ 14 Linguru workshops

The customer has the possibility to book workshops. Linguru provides a list with available workshop topics and dates on the Linguru website. A cancellation or postponement of a booked Linguru workshop is not possible.

§ 15 Exclusion from § 312g BGB (Right of withdrawal)

Linguru is excluded from the right of withdrawal as per §312g para. 2 no. 9 BGB, as the services of Linguru are bound to a specific point in time. As such, the customer has no claim to any rights of cancellation applying to distance selling (§ 312d BGB).

§ 16 Amendments and Salvatory Clause

Should the customer come across user agreements that differ or agree to modifications, additions or ancillary clauses to the agreements made by these Terms and Conditions, such changes will be required in written form.

If any provision of these Terms and Conditions, in whole or in part, do not become part of the contract or are otherwise ineffective, the contract will remain valid. In this event, the content of the contract will be in accordance with the statutory provisions.

§ 17 Applicable Law and Jurisdiction

The contractual relationship and other business relations between speakeasy and the customer are subject to German law to the exclusion of international sales law. To the extent permitted, all disputes shall remain within the exclusive jurisdiction of Berlin, Germany.