Terms & Conditions

Welcome to Linguatheka!

These terms and conditions outline the rules and regulations for the use of Linguatheka's Website, located at https://linguatheka.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Linguatheka if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

To avoid misinterpretation of the provisions of this Offer (Contract) and to eliminate the possibility of incorrect interpretation or disputes, the following capitalized terms have the meanings listed below. Terms defined in the singular may be used in the plural and vice versa:

1. Offer - Definitions and Interpretation

To avoid misinterpretation of the provisions of this Offer (Contract) and to eliminate the possibility of incorrect interpretation or disputes, the following capitalized terms have the meanings listed below. Terms defined in the singular may be used in the plural and vice versa:

Key Terms

  • Offer: This offer, published on the website https://linguatheka.com. The Offer is valid indefinitely until a notice of its termination is published on the website.
  • Acceptance of the Offer: Full and unconditional acceptance of the Offer without any exceptions or limitations, effective from the moment the Client performs a specific action – registration and payment on the website https://linguatheka.com. Acceptance of the Offer establishes an obligation between the Client and the Contractor (Contract). Acceptance of the Offer is equivalent to signing a written contract under the terms outlined in the Offer.

From the moment the Client registers and makes payment on the website https://linguatheka.com, the terms of this Offer become binding. The Client confirms that they are familiar with all the terms of this Offer, that all terms are clear, and that they have had the opportunity to request explanations regarding the Offer's terms from the Contractor.

2. Subject of the Contract

2.1. The Contractor undertakes to provide the Services to the Client in a timely and complete manner, and the Client undertakes to pay for these Services in full before the start of the lessons, following the terms and deadlines specified on the website.

2.2. The cost of services is indicated on the website and corresponds to the selected course and learning level.

2.3. The Contractor may change payment terms and fees once per calendar year, considering cost increases in teaching staff, marketing, personnel, technical support, service providers, and IT systems. Any changes will be published on the website. However, prices for already paid courses remain unchanged.

2.4. The Contractor assigns an instructor based on the Client's German proficiency level, learning goals, and preferred schedule. The Contractor evaluates the Client's language level through testing or lessons and may offer lessons at different levels to help the Client achieve their goals.

3. Rights and Obligations of the Parties

3.1. The Contractor undertakes to:

  • Ensure the organization and proper provision of the Services selected and paid for by the Client.
  • Maintain confidentiality of information received during service provision.
  • Publish up-to-date information about lessons, including costs and schedules, on the website.

3.2. The Contractor has the right to:

  • Request any necessary information from the Client to provide the Services.
  • Immediately suspend services without a refund if the Client exhibits aggression, disrespectful behavior, or appears intoxicated during lessons.

3.3. The Client undertakes to:

  • Provide accurate and truthful information upon registration.
  • Pay for the Services in full and on time. Payment conditions are specified on the website, and all transaction fees are borne by the Client.
  • Keep received information confidential.
  • Ensure minimum technical requirements for attending lessons (e.g., internet connection, a device with ZOOM installed).

3.4. The Client has the right to:

  • Receive information on service progress.
  • Demand timely and complete service provision.
  • Request technical support, though the Contractor is not responsible for technical issues on the Client's side.

3.5. The Client is prohibited from:

  • Distributing, selling, or using copyrighted materials without the Contractor's permission.
  • Recording audio or video of online lessons and distributing them publicly.

4. Course Procedures

4.1. The Client must create a user account, providing their name, phone number, and email.

4.2. By registering, the Client confirms they are at least 18 years old and legally able to enter into contracts.

4.3. Lessons are conducted via ZOOM. The duration and number of lessons depend on the selected course. The Contractor does not guarantee uninterrupted service but takes necessary measures to avoid disruptions.

4.4. The Client agrees that lessons may be recorded and made available to class members.

4.5. Upon completing a course level, attending at least 80% of lessons, and passing the final test, the Client may request a certificate.

4.6. Rescheduling or canceling group lessons is not allowed due to the intensive schedule.

4.7. A lesson may be rescheduled only at the instructor's initiative.

5. Liability of the Parties

5.1. The Parties are liable under German law for failing to fulfill their obligations.

5.2. The Contractor is not responsible if the Client's expectations from the Services are not met.

5.3. The Contractor is not liable for errors, typos, or inaccuracies on the website, nor for technical failures beyond their control.

5.4. Neither Party is liable for force majeure events (e.g., legal changes, COVID-19 restrictions).

5.5. The Client is responsible for their posts in forums and chatrooms, and must not share offensive, discriminatory, or illegal content.

6. Dispute Resolution

6.1. The Parties are liable under German law for failing to fulfill their obligations.

6.2. Any disputes, disagreements, or claims arising from this Contract shall be resolved through negotiations between the Parties.

6.3. If the dispute cannot be resolved through negotiations, the Parties shall attempt to resolve it through an out-of-court complaint process, by submitting a written complaint detailing the issue and proposed resolution.

6.4. The Party receiving the complaint must respond within three (3) calendar days from the date of receipt.

6.5. If an out-of-court resolution is not possible, the dispute shall be settled in a court of law in accordance with the applicable laws of the Federal Republic of Germany.

6.6. The existence of a dispute does not relieve the Parties of their obligations under this Contract.

7. Contract Duration and Termination

7.1. This Contract is considered concluded upon the acceptance of the Offer and remains in effect until both Parties fulfill their obligations.

7.2. The Contract may be terminated early by mutual agreement of the Parties through a formal termination agreement.

7.3. The Client has the right to withdraw from the Services at any time by sending a written notice to hello@linguatheka.com.

7.4. In case of early termination of the Contract, no refunds will be issued for payments already made.

7.5. The Services under this Contract are considered fully provided once the training has commenced. No additional documentation is required to confirm the provision of the Services.

8. Final Provisions

8.1. This Contract shall be interpreted and applied in accordance with the laws of the Federal Republic of Germany. Any matters not covered in this Contract shall be governed by applicable German law.

8.2. The invalidity of any provision of this Contract shall not affect the validity of the remaining provisions.

8.3. By accepting this Offer, the Client agrees to the processing of personal data. The Contractor undertakes to keep personal data confidential and use it solely for the execution of this Contract.

8.4. The Contractor shall not disclose or share the Client's personal data with third parties unless required by law.

9. Cookies

We employ the use of cookies. By accessing Linguatheka, you agreed to use cookies in agreement with the Linguatheka's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

10. License

Unless otherwise stated, Linguatheka and/or its licensors own the intellectual property rights for all material on Linguatheka. All intellectual property rights are reserved. You may access this from Linguatheka for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Linguatheka
  • Sell, rent or sub-license material from Linguatheka
  • Reproduce, duplicate or copy material from Linguatheka
  • Redistribute content from Linguatheka

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Linguatheka does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Linguatheka,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Linguatheka shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Linguatheka reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Linguatheka a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

11.Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Linguatheka; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Linguatheka. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Linguatheka's logo or other artwork will be allowed for linking absent a trademark license agreement.

12. iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

13. Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

14. Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

15. Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

16. Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

17. Contact Information

17.1. The Client's contact details are stored in the electronic form completed on the website.

17.2. If the Client changes their contact information, they must notify the Contractor within three (3) calendar days via email at the address specified in section 17.3. Failure to notify will result in all correspondence being deemed delivered to the previously provided contact details.

17.3. Contractor's Contact Information:

Linguatheka GmbH
Mühlenstraße 8A
14167 Berlin, Germany

VAT ID: DE343584614

Email: hello@linguatheka.com