General Terms and Conditions of Trade
We have tried to make the information on the Lingualearn website as accurate as possible. We accept, however, no responsibility for any loss, injury or inconvenience sustained by any person resulting from information on this site. We strongly encourage you to check any important information with the relevant authorities; in particular, details of visas, health and safety, customs, and transportation should be checked thoroughly. Any failure to deal with the appropriate checks on your part will not entitle you to cancel this contract and could lead to a liability in full to us.
Lingualearn provides internet links to other web sites and resources as a free information service. Because we have no control over such sites and resources, we cannot be responsible for the availability of such external sites or resources, and do not endorse any content, advertising, products, or other materials from such sites or resources. Lingualearn cannot be held responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site. Prices and delivery times of products that are sold through other websites are given as a general indication only and are not guaranteed. They are checked regularly, but there may be occasional variation due to fluctuating exchange rates and other reasons.
Lingualearn makes no warranty that:
(a) the website will meet your requirements
(b) the website will be uninterrupted, up-to-date or error-free
(c) the information that may be obtained from the use of the website will be accurate and/or reliable
(d) the quality of any products, services, information, or other material purchased or obtained by customers through the website will meet your expectations.
Lingualearn reserves the right to omit, suspend, or change the position of any advertisement at any time, even if it has already been accepted for publication. If an account is overdue, Lingualearn reserves the right to suspend an insertion. Any changes in advertisements by advertisers may incur an additional expense which you will be notified of.
Lingualearn will keep all records of customers, suppliers and staff carefully, and treat them as strictly confidential. No information will be passed on to third parties without prior consent. Lingualearn is registered as an information controller for the purposes of the Data Protection Act.
All quotations in pounds sterling, unless otherwise stated, are valid for one month. Quotations in other currencies are only valid for one week, due to possible variations in the exchange rate.
4. Refunds, Warranties & Cancellations
If Lingualearn is unable to supply any goods or services that have been paid for, and such failure to supply is outside our control, we will provide a full refund within 28 days of cancellation. If Lingualearn is obliged to cancel an order that has been partly completed, the refund will be on a pro rata basis. A cancellation may be made due to illness, accident or other reason, such as natural disaster. Every effort will be made to meet deadlines, and find replacement staff when necessary, but if it becomes necessary to cancel, Lingualearn’s liability is limited to refunding the goods or services that have not been delivered on a pro rata basis, less the cost of any materials supplied and administration or registration fees.
As most Lingualearn products and services are tailor-made, the advice, courses, translations, briefing materials, tests, etc., cannot be resold. It is for this reason that Lingualearn is generally unable to make any refunds or reduction in charges once a quotation has been accepted. Missed appointments, late cancellations, delays or rearrangements of Lingualearn services by clients will inevitably incur extra charges. Clients will normally be charged for all orders in full. A contract to supply goods or services is deemed to exist between clients and Lingualearn when a quotation is accepted orally or in writing, by email, letter or other means, whether an official order form is completed or not. In the case of repeat orders from Lingualearn clients, all previous terms, conditions and quotations are assumed to apply unless notification is given in writing.
If notice of cancellation is given in writing and the cancellation does not cause any consequential loss, refunds on prepayments and reductions in fees due will be made on a discretionary basis. As a guide to our charges for cancelled services e.g. courses, briefings, interpreting, translations, training etc our cancellation charges are as follows:
- cancellation during assignment = clients pay 100% of total fees
- cancellation less than 1 month before assignment starts = clients pay 90% of total fees
- cancellation 1 to 3 months before assignment starts = clients pay 50% of total fees
- cancellation more than 3 months before assignment starts = clients pay 10% of total fees
Any faulty materials or software should be returned to Lingualearn within one week of the date of purchase, together with the original packaging, your receipt or method of payment and full details of the problem in writing. These will be passed on as quickly as possible to our suppliers. Once opened software is strictly non-returnable, unless there is some evident default or defect. We suggest that you use a recorded or registered mail service for any returns and that you ensure that goods are insured during their transit. No refunds can be made on network software or site licenses once they have been negotiated and supplied.
Some of the products sold by Lingualearn are subject to a manufacturer's warranty. The warranty provided by the manufacturer is the first place to look for assistance with difficulties with your purchase. Lingualearn is prepared to help you obtain warranty service in the unlikely event you run into any difficulties. However, we do not offer any separate or additional warranty other than the warranty, if any, offered by the manufacturer. No user support, technical support, installation or training are provided unless specifically stated in your quotation.
All complaints should be first addressed to the person at the point of contact, e.g. the trainer, translator, interpreter, consultant, etc. If the dispute or problem cannot be resolved between the parties concerned, then a letter of complaint or email should be addressed to the Managing Director, Lingualearn giving full details. All such complaints will be dealt with quickly, courteously and sympathetically. The decision of the Managing Director is final.
6. Quality Control & Assurance
Lingualearn has in place quality control procedures in order that we can provide a better service for you. These include:
- Qualifications of all staff are checked before employment commences.
- References of all staff are checked before employment commences.
- Customers are frequently requested to complete a customer satisfaction questionnaire or give feedback by telephone/email.
- Random sampling of most Lingualearn products and services is carried out by the management.
- Where necessary, two or more raters, consultants, translators, etc., are used to give greater objectivity.
- An external assessor is normally appointed on all large projects.
Whilst we will follow these procedures, we give no warranty as to the authenticity or suitability of such staff and our supply of the staff to you is on the basis they are self-employed contractors, and not workers or employees of Lingualearn.
7. Translation & Interpreting
Due to the nature of translation and interpreting work it is impossible to guarantee that such work is 100% error free. We recommend that for important documents and meetings additional translators or interpreters are used to reduce the chance of errors. Lingualearn is able to offer various proof-reading services to reduce the risk of spelling and grammar mistakes.
Clients agree not to make any separate arrangements with Lingualearn staff during contracts and for a period of one year afterwards; all negotiations with Lingualearn staff must be made through Lingualearn. Lingualearn may give full contact details of their consultants and other staff to clients to facilitate communications during contracts, but this is on the understanding that they will only use this information for the purposes of Lingualearn business, and that they will not share this information with third parties.
As all services are individually prepared, full payment must accompany each order. No orders will be accepted without payment in full. Large contracts, which are executed over a long period, may be broken down into stages and paid in instalments, normally monthly. Please ask us for details of such arrangements if you require this service. Special arrangements may be made with established customers who have their own accounts. Under such circumstances, any delay in full payment for products or services provided by Lingualearn will incur an interest charge of 8% above the base rate of the Bank of England.
Until payment is received in full, such interest is to accrue on a daily basis. If it is beheld that Lingualearn is unable to rely on this provision, we will rely on the statutory provision in respect of interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
10. Trading Partners, Sub-contractors & Suppliers
To the fullest extent permitted by applicable law, Lingualearn is not responsible for any loss or damage of any kind incurred as the result of dealings with trading partners, sub-contractors and suppliers or as the result of the presence of such advertisers and merchants on our website. Any orders placed by customers, and any product specifications and product availability appearing on our website, are subject to confirmation by, and the terms and conditions of business of, the relevant merchant.
11. Proprietary Rights
Except as expressly authorised by Lingualearn, customers agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on services rendered in whole or in part.
We request that users who find inappropriate content via our website should contact us immediately at firstname.lastname@example.org in order that we may remove the links. In addition, we reserve the right to refuse all materials and orders that we consider inappropriate. This includes pornographic, offensive, defamatory, undocumented or illegal materials and orders that are in any way contrary to accepted morality and behaviour.
Nothing in these conditions shall affect the statutory rights of any consumer.
If you find these conditions unacceptable, we request that you leave the website and do not use the services of Lingualearn. If you do choose to use the Lingualearn website, and enter into agreements with Lingualearn, the above terms and conditions are generally applicable, and English law will apply.
Last updated 28 July 2010