Terms & Conditions - Mini Languages

Terms of Use

You should read our Full Terms of Use below prior to purchasing our Services (via a Subscription/ Membership or Digital One-Off Purchase Product) and also our Privacy Policy but here are some Key Points:

Key Points of Terms of Use for Digital One-Off Purchase Products

By purchasing our Services, you accept these Terms of Use.
We currently offer our Services for Non-Commercial Use through User Accounts.
Our Services and content are not for use by Commercial Entities or Resale in any way including offered for free on Blogs, Social Media unless prior authorisation is granted by Mini Languages.
As this is a digital service containing digital downloads, you waive your rights to a 14-day cooling-off period.
Your use of the Services is AS IS, without warranty and will result in no liability to us.

Key Points of Terms of Use for Subscription/ Membership Products

By purchasing our Services, you accept these Terms of Use.
We currently offer our Services for Non-Commercial Use through User Accounts.
Our Services and content are not for use by Commercial Entities or Resale in any way including offered for free on Blogs, Social Media unless prior authorisation is granted by Mini Languages.
As this is a digital service containing digital downloads, you waive your rights to a 14-day cooling-off period.
The two-day free trial option enables you to try a restricted version of our subscription Service for 2 days at which point your payment will be processed for your first subscription term. You can cancel at any stage within the 2-day period and incur no charge.
By activating an Account, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends, and you authorise us to charge you for the subscription term, unless you cancel your Account prior to its renewal date through the procedures described in (“3.2. Subscription Suspension or Cancellation” in Full Terms of Use)
Your use of the Services is AS IS, without warranty and will result in no liability to us.

Full Terms of Use

These Terms of Use are intended for parents and users of the Services.

This web page represents our Terms of Use (“Agreement”) regarding our website, located at www.minilanguageforkids.com, and the tools and products we provide you (the “Website”, “Membership”, “Subscription” or “Services”). Last updated 24/3/2020. The terms, “we”, “our” and “us” as used in this Agreement refer to Felicity Neyme trading as Mini Languages (“Mini Languages”).

We refer to this Agreement, our Privacy Policy and any other terms, rules, or guidelines on our Website collectively as our “Legal Terms.” You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website or Services.

We may amend this Agreement at any time by posting the amended terms on our Website and existing users of our Subscription Services will be emailed individually.

We reserve the right to modify this Agreement from time to time in our sole discretion.

Description of Services.
Account Access & Passwords.
Payments.
Services Ownership, Limited License and Intellectual Property.
Linking to and from Our Services.
Governing Law/Jurisdiction.
Liability Disclaimer.
Submission of Feedback.
General Provisions.

1. Description of Services.

The Services we provide via our website www.minilanguagesforkids.com includes Subscriptions, Memberships, Courses and Digital One-Off Purchase Products.

Users of the Services (“Users”) include “Child Users” or “Students” (children who use the child-directed learning portion of the Services), “Adult Users” (including parents and guardians of Child Users). Teachers can user the Services in a school environment to educate pupils where the school is registered with an official education body.

2. Account Access and Passwords.

Every Account has one designated Adult User who must be at least 18 years of age. You are responsible for maintaining the confidentiality of your password and Account information. You agree (a) that you will provide complete and accurate registration information about yourself and any individual you authorise to access your Account and keep your Account information up-to-date, (b) that you are solely responsible for all activities that occur under your Account, (c) to notify us immediately of any unauthorised Account use, (d) that we are in no way responsible for any loss that you may incur as a result of any unauthorised use of your Account and password, and (e) that you will not sell, transfer, or assign your Account or any Account rights. If we learn that an ineligible user has created an Account, we may seek confirmation of the user’s status or deactivate the Account.

3. Payments.

3.1. Courses and Digital One-Off Purchase Products Payments.

Third Party Payment Processor – We use a third-party service provider to process payments on our behalf. You acknowledge and agree that in the event the third-party payment processor experiences a data breach that affects your information through no fault of Mini Languages, Mini Languages will in no way be responsible or liable to you for any such breach.
Refunds – As this is a digital service containing digital downloads, you waive your rights to a 14-day cooling-off period.

3.2. Subscription Services Payments.

Renewals – By activating an Account, for a Subscription or Membership you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends, and you authorise Mini Languages to charge you for the subscription term, unless you cancel your Account prior to its renewal date through the procedures described in “Subscription Suspension or Cancellation”
Third Party Payment Processor – We use a third-party service provider to process payments on our behalf. You acknowledge and agree that in the event the third-party payment processor experiences a data breach that affects your information through no fault of Mini Languages, Mini Languages will in no way be responsible or liable to you for any such breach.
Automatic Retry of Failed Payments – In the event of a failed payment, membership will be suspended pending payment. The User receives an email informing them of the failed payment, detailing when their payment will be retried by our third-party Payment Processor and with a link to manually retry the payment.
Subscription cost – Mini Languages guarantees that the subscription price you signed up to will be honoured until you cancel (“Price Lock-In”)
Price Increases – Mini Languages reserves the right to increase or change membership fees from time to time.
Refunds – As this is a digital service containing digital downloads, you waive your rights to a 14-day cooling-off period. Subscriptions may be cancelled at any time but are not eligible for a refund.
Subscription Suspension or Cancellation – Users can opt to cancel or suspend their memberships. Cancel and Suspend buttons are displayed next to each active subscription in the View Subscription page. This must be done a minimum of two business days prior to payment being processed on the subscription renewal date otherwise the payment may still be processed for that renewal period. Users will continue to have access to the Services for the period of time that has already been prepaid.
Subscription Suspension & Risk of Price Increases – When a subscription has been suspended a Reactivate button is displayed to allow Users to restart their subscription. If the subscription was put suspended because a payment is due, then the Reactivate button is not displayed. Users must pay for the renewal before a subscription is reactivated. Note, when accounts are suspended Users lose the guaranteed Price Lock-in and will be subject to any interim Membership price increases.

4. Services Ownership, Limited License and Intellectual Property.

4.1. Services Ownership.

Services Ownership – As between us and you, the Services (including past, present and future versions) are owned and controlled by us and their Content is protected by UK and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible. “Content” means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, and computer code displayed on or available through the Services and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation, (i) materials and other items relating to us and our products and services, including, without limitation, all activities, games, lesson plans, course, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (collectively, “Trademarks”); and (iii) other forms of intellectual property.

4.2. Limited License.

Limited License – Subject to your strict compliance with these Terms and your payment of any applicable subscription fees, we grant you a limited, non-exclusive, revocable, non-assignable and non-transferable license (“License”) to access, display, view, use, play, and/or print one (1) copy (excluding certain printable activities made available through the Services, which indicate that they may be printed multiple times) of the Content on a personal computer, mobile phone or other wireless device, or other Internet-enabled device (each, an “Internet Device”).
Permissible Use– Use of the Services is for personal, non-commercial use only. Teachers can use the Services in a school environment to educate pupils where the school is registered with an official education body. The License does not give you any ownership of, or any other intellectual property interest in, any Content or the Services, and you cannot otherwise use the Content or the Services without our express prior written permission. All rights not expressly granted to you are reserved by us and/or our licensors and other third parties. Except as expressly provided in these Terms or with Company’s express prior written consent, no part of the Services and no Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcasted, sold, licensed or otherwise exploited for any purpose whatsoever. Any unauthorised use of any Content or the Services for any purpose is prohibited.
Intellectual Property – Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Mini Languages. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Mini Languages aggressively enforces its intellectual property rights to the fullest extent of the law.
Logo Use – The names and logos of Mini Languages, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Mini Languages. Mini Languages prohibits use of any logo of Mini Languages or any of its affiliates as part of a link to or from any Website unless Mini Languages approves such link in advance and in writing. Fair use of Mini Languages’ Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

5. Linking to and from our Services.

Our Website may contain links to Websites owned or operated by parties other than Mini Languages. Such links are provided for your reference only. Mini Languages does not monitor or control outside Websites and is not responsible for their content. Mini Languages’ inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Mini Languages’ inclusion of the links imply that Mini Languages is authorised to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

6. Governing Law/Jurisdiction.

All legal issues arising under these terms will be governed by Scots law.

7. Liability Disclaimer

We make no express warranties or representations as to the quality and accuracy of the Content, the Website or the Service, and we disclaim any implied warranties or representations, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the full extent permissible under applicable law. We offer the Content, the Website and the Service on an “as is” basis and do not accept responsibility for any use of or reliance on the Website, Content or Service, or for any disruptions to or delay in the Service. Every effort is made to keep the website up and running smoothly. However, Mini Languages takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website, Content or Service. Mini Languages does not guarantee the adequacy of the Service or Website or compatibility thereof to your computer equipment, mobile devices, and environment and does not warrant that the Website, the Service, their servers, or any emails which may be sent from Mini Languages are free of viruses or any other harmful components.

To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Websites or the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Websites and the Services. Although we will not be liable for your losses caused by any unauthorised use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.

You agree to defend, indemnify and hold harmless Mini Languages, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website and Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Provided Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Website and Service.

8. Submission of Feedback.

Under certain circumstances, we might ask Adult Users for feedback or ideas as to their experiences with our Services. If you choose to provide us with feedback, you acknowledge and agree (i) that you have no expectation of review, compensation, or consideration of any type for any such feedback or ideas, and (ii) we will be free to use and exploit such feedback or ideas in our discretion and without compensation or obligation to you.

9. General Provisions.

Termination and Suspension. We reserve the right to discontinue the Services or suspend or terminate your access to it, including any Accounts or User-Generated Content submitted by you, at any time, without notice, for any reason and without any obligation to you or any third-party. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, or otherwise violates these Terms, then we may suspend or terminate your Account or deny you access to all or part of the Services. Any suspension or termination will not affect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments. Upon suspension or termination of your access to the Services, or upon notice from us, your License to use the Services will terminate immediately.
When you communicate with us electronically, such as via a Services communication tool, you consent to receive communications from us electronically. Please note that we will do our best to respond to your inquiry, but it may take us some time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Operation of Services; International Issues. We control and operate the Services from the U.K. If you use the Services from other locations, you are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply (e.g., any local education regulatory or data privacy laws). You and we disclaim any application of the Convention on Contracts for the International Sale of Goods.
Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed unenforceable by a court or arbitrator, you agree that every attempt will be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement will continue in full force and effect. You agree that these Terms, and Additional Terms, will not be construed against us because we drafted them.
We may assign our rights and obligations under these Terms, or any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms, and any Additional Terms, may not be assigned by you, and you may not delegate your duties under them.
No Waiver. No waiver by us of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorised officer of Mini Languages.
Updates to Terms. We reserve the right to modify these Terms, or any Additional Terms, from time to time in our sole discretion (“Updated Terms”). Updated Terms will be updated on the website and sent out to Subscription Users a minimum of 7 days prior to updates to the Terms being implemented. If you do not cancel your Account within 7 days after receiving notice of Updated Terms as described above, or if you continue to use the Services after receiving notice of Updated Terms, you agree to comply with, and be bound by, the Updated Terms provided that (i) any modification to Section 6 related to dispute resolution shall not apply to any Dispute initiated prior to the applicable modification, and (ii) any modification to provisions related to fees and billing shall not apply to fees incurred prior to the applicable modification.
Entire Agreement. These Terms constitute the entire agreement and understanding between Company concerning the subject matter of the Terms and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s), unless otherwise agreed to in a written agreement signed by you and Company. To the extent that anything in or associated with the Service is in conflict or inconsistent with these Terms, these Terms shall take precedence.
Contact Us. If you have any questions or concerns with respect to these Terms or the Services, you may contact us at hello@minilanguages.co.uk