Terms and Conditions

Welcome to Learn English With Clémence’s General Terms and Conditions!


Last updated: February 27, 2024
 

Please read our Learn English With Clemence General Terms and Conditions (“Terms and Conditions”) carefully. These Terms and Conditions govern your access, use and subscription at www.learnenglishwithclemence.com, its mobile sites and applications (collectively, the “Site”) as well as the provision and sale of products and services (including but not limited to Learn Languages With Clemence LLC) and/or its affiliates, as the context may require (“Learn English With Clemence”, “we”, “us” or “our”). By subscribing to Learn Languages With Clemence LLC, you agree to be unconditionally bound by these Terms and Conditions in the version valid at the time of purchase.


Our Terms and Conditions shall also govern the use of and apply to each and every offer and agreement entered into between Learn English With Clemence and a customer through any of its separate sites that are accessible through the tabs in the Site-header, insofar we have not explicitly deviated from the present Terms and Conditions.


Additionally, we maintain other terms and policies that supplement these Terms and Conditions as set out below, including our Privacy Policy, which describes how we collect, use and process your personal information.
 

Applicability

1.1. By accessing or using this Site and its related software tools, applications or any other Learn English With Clemence service, you agree to be bound by the terms of our Privacy and Cookie Policy and the following General Terms and Conditions (collectively, the “Learn English With Clemence Terms”) and to any additional terms (such as but not limited to those listed above), policies, guidelines, restrictions or rules that may be posted in connection with specific sections or services of this Site (collectively, the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into the agreement entered into by Learn English With Clemence and you, the customer, at the time you access or use the corresponding section, service or feature, or have otherwise agreed to their applicability. These Learn English With Clemence Terms and any Additional Terms that you have agreed to, make up the entire agreement between us in relation to its subject matter and supersedes all prior agreements, representations and understandings.

1.2. If you use this Site on behalf of any business, organization or other entity of any kind, you represent and warrant that you are authorized to accept these Learn English With Clemence Terms on its behalf and to bind such business, organization or entity to these Learn English With Clemence Terms.


1.3. Every offer of a Learn English With Clemence product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Learn English With Clemence Terms.


1.4. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Learn English With Clemence has not specifically rejected them.


1.5. These Learn English With Clemence Terms and Additional Terms are not applicable to orders of a product or a service which are not from Learn English With Clemence directly but from a third party. This can be any of Learn English With Clemence´s affiliates, or a product/service provider we have partnered with. In such cases, the terms you have separately agreed upon with this third party, will apply.


1.6. Learn English With Clemence reserves the right to make changes to this Site and to these Learn English With Clemence Terms at any time without prior notice. You should review these Learn English With Clemence Terms each time you access this Site.


Your Account

2.1. Before making a purchase on this Site, as well as after completing checkout online or use certain services or features offered on this Site, you have the ability to create an account.

2.2. The customer will at all times be responsible for each and every use of their Learn English With Clemence account. You agree to protect your log-in credentials such as your password and control any access to your account, especially when you have granted another person in your business or household access rights to your account or otherwise permit them to use your account on your behalf. You agree that you will be responsible for all actions that are taken through your Learn English With Clemence account.

 
Terms of Sale

All our offers and promotions are without any obligation and subject to availability and confirmation of the purchase. Learn English With Clemence reserves the right to reject any purchase without the obligation to assign any reason. An agreement between you and Learn English With Clemence is subject to our acceptance of the purchase and will be formed when you receive the order confirmation by email.

Materials for Limited Use

4.1. This Site contains graphics, photographs, images, document layouts, templates, artwork, text, graphics, illustrations, logos, photos, audio, video, music, fonts, blog posts, software tools, trademarks, service marks, stock images and footage from stock providers and other information (“Content”). This Site and all its Content are the intellectual property of Learn English With Clemence or the intellectual property of parties from whom Learn French With Clemence has licensed such property. All rights in this Site and its Content are reserved worldwide.

4.2. It is strictly prohibited to sell, license, rent, modify, retain, copy, reproduce, distribute, publish or use any portion of the Content except as expressly allowed in these Learn English With Clemence Terms.


4.3. Learn English With Clemence reserves the right to add to, delete from, or modify any part of its Content at any time without prior notice. Any modifications to our Content, whether by you or Learn English With Clemence, remain the property of Learn English With Clemence and its licensors.


Use of our Site and its Content

5.1. You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating and ordering products or services solely through Learn English With Clemence (referred to herein as “Products”), unless such use involving a third party is expressly permitted by applicable law or provided for in these Learn English With Clemence Terms. No other download, retention, use, publication or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Learn English With Clemence does not entitle you to use any portion of our Content apart from the finished Products as they are supplied to you by Learn English With Clemence.

5.2. You agree to use this Site in a responsible manner that is in full compliance with these Learn English With Clemence Terms and with your local laws and regulations.


Restrictions on Use

6.1. Without limitation, no portion of our Content may be utilized:

a) to sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the rights granted to you under these Learn English With Clemence Terms;
b) in such a manner as to convey or obtain exclusive rights to any Content or part thereof;
c) for any unlawful or discriminatory purpose or use;
d) for any use that we determine, in our sole discretion, to be pornographic, offensive, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, indecent, libelous, invasive, slanderous, hateful, inciting or promoting the hate, harassment or discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease or immigration status or otherwise objectionable;
e) to create, order, publish and/or distribute any Product or other type of information that we determine, in our sole discretion, to contain any content that violates the above Section 6.1.d) or otherwise, in our sole discretion, is materially false, inaccurate or misleading in a way that could deceive or confuse others about important events, topics or circumstances;
f) to violate any person’s right of privacy or publicity;
g) to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity;
h) for any use that would reasonably imply that Learn English With Clemence, the creator of the Content, or the persons or property appearing in the Content (if any), endorses any political, economic, conspiracy or other opinion-based movements or parties;
i) in a way that places any person depicted in the Product in a bad light or they may find offensive, such as: use in pornography or adult content; tobacco ads; ads for adult entertainment clubs or similar venues, including prostitution, escort or similar services, all whether legal or not; political endorsements; or in a way that implies mental or physical illness or impairment; or
j) that in any way, intentionally or unintentionally, violates any applicable local, state, national and international laws, rules and regulations.
6.2. By making a purchase on this Site, you represent and warrant that you have all the necessary permissions, rights and authority to purchase the subscription and you authorize Learn English With Clemence to provide the Products on your behalf.


Access

7.1. Learn English With Clemence will grant access to the Products, provided that all applicable payments have been received in full.

7.2. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available on the Site.
 

Indemnification

You agree that you shall indemnify Learn English With Clemence and all parties from whom Learn English With Clemence has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Learn French With Clemence Terms; (ii) any suit, claim or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to Learn English With Clemence or incorporated into a Product; (iii) any suit, claim or demand arising from or related to any third-party products and/or services we offer on our Site whether or not used for or in connection with a Product you have ordered on our Site. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.

Disclaimer of Warranty_

9.1. THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

9.2. You acknowledge that there are risks in using products or services provided by third parties (such as a Learn English With Clemence´ affiliate or one of our partners) through this Site or in connection with our Products, and that Learn English With Clemence cannot and does not guarantee any specific outcomes from such use or interactions, and you hereby assume all such risks, liabilities or harm of any kind arising in connection with or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by this third party, breach of warranty or contract, violation of rights, and any consequent claims.


9.3. Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract ("consumer guarantees"), or only limited in certain circumstances, and nothing in these Learn English With Clemence Terms alter those consumer guarantees if it is illegal for Learn English With Clemence to do so. If those consumer guarantees apply to you, and Learn English With Clemence cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Learn English With Clemence: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Learn French With Clemence to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.


Refund and Cancelation Policy