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LINGUATEL MOBILE APPLICATION TERMS
AND CONDITIONS OF
USE FOR CONSUMERS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS MOBILE APPLICATION (“APP”) AND ONLINE SERVICE

What’s in these terms?
These terms tell you the rules for using our mobile application service (our app) and our website (our site).

Our terms

DEFINITIONS AND INTERPRETATION

  • The following definitions shall apply to these terms and conditions:
  • Advanced Booking means any booking made and accepted using the Services that is not an Instant Booking.
 
  • Advanced Deposit means the deposit fee to be paid and held in respect of any Advanced Bookings as stated on our app when making the booking.
 
  • Connection Fee means the upfront connection fee to be paid in respect of any Instant Bookings as stated on our app when making the booking.
  • Content Standards has the meaning set out in clause 5.4.
 
  • Instant Booking means any booking made and accepted using the Services where a connection between the consumer and a Service Provider is to be made instantly.
 
  • Lingua means Lingua Tel Ltd a company registered in England and Wales. Our company registration number is 12057560 and our registered office is at 92 Earlham Grove, London, England, E7 9AR.
 
  • Location Services means the GPS navigation and location system available on the Lingua technology platform to allow users to accurately identify locations associated with the Services.
 
  • Service Providers means individuals, workers or agencies offering translation services and/or operating in the translation services industry.
 
  • Services means the Lingua technology platform to facilitate the connection with, and booking of, Service Providers to provide translation services, such platform to be provided by Lingua through its mobile/tablet application service and through its website as set out in clause 6 of these terms.
 
  • Unless the context otherwise requires, references to ‘terms’, ‘conditions’, ‘terms and conditions’ or ‘these terms’ shall mean these terms and conditions.
 
  • Unless the context otherwise requires, references to Services as defined above shall be to the booking services offered by Lingua only and, for the avoidance of any doubt, shall not include any services rendered or offered by Service Providers.
 
  • Clause and paragraph headings shall not affect the interpretation of these terms.
  • Unless the context otherwise requires, words in the singular shall include the plural and the plural shall include the singular.
 
  • Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

THESE TERMS

  • What these terms cover. These are the terms and conditions on which we supply Services to you through our mobile/tablet application service and our website.
 
  • For the avoidance of any doubt, our Services are limited to the booking services offered by Lingua only and shall not include any services rendered or offered by Service Providers through our app.

     

  • Why you should read them. Please read these terms carefully before using our Services. 
  • These terms tell you who we are, how we will provide Services to you, how you and we may
 
  • change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
 
  • Acceptance of terms. By using our Services, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Services. We recommend that you print a copy of these terms for future reference.
 
  • Additional terms. These terms of use refer to the following additional terms, which also apply to your use of our Services:
 
  • Our Privacy Policy. See further under How we may use your personal information; and
  • Our Cookie Policy, which sets out information about the cookies on our site.

INFORMATION ABOUT US AND HOW TO CONTACT US

  • Who we are. We are Lingua Tel Ltd a company registered in England and Wales. Our company registration number is 12057560 and our registered office is at 92 Earlham Grove, London, 
 
  • England, E7 9AR. Our registered VAT number is [NUMBER].
  • How to contact us. You can contact us by emailing us at info@lingatel.co.uk or, if you have any questions, please visit our FAQ section.
 
  • How we may contact you. If we have to contact you for any reason we will do so by telephone, SMS text message, WhatsApp, through our app or by writing to you at the email address or postal address you have provided to us.
 
  • “Writing” includes emails and messages. When we use the words “writing” or “written” in these terms, this includes emails, SMS text messages and WhatsApp messages.
 
  • Response times. We will endeavour to respond to emails received from you within 48 hours of receipt but will not accept any liability in the event that we are unable to respond within this timeframe.

TERMS OF USE

  • Account. In order to use our Services, you must register for and maintain an active personal account (“Account”). In order to register for an account, you will be required to provide certain personal information and data which will include (but shall not be limited to):
 
  • your name;
  • your date of birth;
  • your residential address;
  • your contact details; and
  • your payment details.
 
  • You undertake and warrant to keep all personal information and data provided to us up to date, complete and accurate. You agree to maintain accurate, complete, and up-to-date information in your Account.

  • Age Restrictions. The Services are not intended for use by, and shall not be available to, persons under the age of 18. 

  • You must keep your account details safe. If you choose, or you are provided with, a username, user identification code, password or any other piece of information as part of our security procedures or in respect of your Account, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [EMAIL ADDRESS].

  • Third party use. You may not under any circumstances authorise third parties to use your Account. 

  • Consent to receive communications. In registering and operating an Account, you hereby agree that pursuant and ancillary to the Services we may send you communications (by telephone, email, SMS text message, WhatsApp, through our app or otherwise) as part of the day-to-day operation of the business. You will be asked to opt-in to receive communications  and will only receive communications if you have opted-in. You may opt-out of receiving communications at any time but accept that in doing so this may greatly restrict and impact your use of the Services. If you have not opted-in to receive communications, it is your responsibility to check and maintain awareness of all aspects of the Services that may otherwise be notified to you through communications.

  • Right to disable, suspend or delete. We have the right to disable, suspend or delete your Account or any part thereof, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

  • How you may use material. We are the owner or the licensee of all intellectual property rights on our Services, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on our Services for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Services in breach of these terms of use, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  • No modification of materials. You must not modify any materials in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics.

  • Our status. Our status (and that of any identified contributors) as the authors of content on our Services must always be acknowledged.

  • Do not rely on information on our Services. Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Services is accurate, complete or up to date.

  • We are not responsible for websites we link to. Where our Services contain links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

  • Uploading content. Whenever you make use of a feature that allows you to upload content, or to make contact with other users or Service Providers, you must comply with these terms and the Content Standards set out in our Acceptable Use Policy in clause 5. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

  • Confidentiality of content and material you upload. Any content you upload will be considered non-confidential and non-proprietary. 

  • Rights in material you upload. When you upload or post content to our Services, you retain all of your ownership rights in your content, but you grant to us full rights and a royalty-free licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy.

  • Right to remove. We have the right to remove any posting you make if, in our sole and absolute discretion, we believe your post does not comply with the Content Standards set out in our Acceptable Use Policy in clause 5.

  • Service Provider Content. All content relating to a Service Provider is uploaded by the Service Provider or is based solely on content or information provided directly by the Service Provider. Lingua accepts no responsibility for any content, information or material of any kind relating to a Service Provider and such content, information or materials have not been verified or approved by us.

  • Backing up and storing content. You are solely responsible for securing and backing up your content. We do not store terrorist content.

  • Not responsible for viruses. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software. You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

  • Rules about linking to our Services. You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website or application that is not owned by you. We reserve the right to withdraw linking permission without notice. Any website or application in which you are linking must comply in all respects with the Content Standards set out in our Acceptable Use Policy in clause 5.

  • User-generated content is not approved by us. Our Services may include information and materials uploaded by other users, including to bulletin boards and chat rooms or comments. This information and these materials have not been verified or approved by us. The views expressed by other users on our Services do not represent our views or values.

ACCEPTABLE USE POLICY

  • Acceptable uses. You may use the Services:
  • to search language categories and dialects;
  • to utilise the app and Location Services to search for Service Providers;
  • to contact Service Providers and arrange bookings or connect instantly;
  • to view content uploaded and provided by Service Providers; and
  • to upload content and materials and provide ratings, comments and feedback in respect of the Service Providers and bookings which have taken place.
 
  • Prohibited uses. You may use our Services only for lawful purposes. You may not use our Services:
 
  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to bully, insult, intimidate or humiliate any person;
 
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards [INSERT AS LINK TO CONTENT STANDARDS BELOW];
 
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
 
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
 
  • for any other reason not stated to be an acceptable use in clause 5.1.
  • You also agree:
 
  • not to reproduce, duplicate, copy or re-sell any part of our Services in contravention of the provisions of our terms; and
 
  • not to access without authority, interfere with, damage or disrupt:
  • any part of our Services;
 
  • any equipment or network on which our Services are stored;
  • any software used in the provision of our Services; or
  • any equipment or network or software owned or used by any third party.
 
  • Content standards. These Content Standards apply to any and all material which you contribute to our Services (Contribution), and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our absolute discretion, whether a Contribution breaches the Content Standards. 
 
  • A Contribution must:
  • be accurate (where it states facts);
  • be genuinely held (where it states opinions); and
  • comply with the law applicable in England and Wales and in any country from which it is posted.
 
  • A Contribution must not:
  • be defamatory of any person;
  • be obscene, offensive, hateful or inflammatory;
  • bully, insult, intimidate or humiliate;
  • include any content or materials relating to any person under the age of 18;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • be likely to deceive any person;
  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be in contempt of court;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
 
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • impersonate any person, or misrepresent your identity or affiliation with any person;
  • give the impression that the Contribution emanates from Lingua, if this is not the case;
 
  • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or
 
  • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

OUR SERVICES

  • Our services. We provide a technology platform to facilitate connection and booking services
 
  • in respect of Service Providers in the translation services industry. The Services include:
  • Searching for different languages and dialects;
 
  • Identifying and making available connection and booking services in respect of Service Providers; and
 
  • Accepting and processing connections and bookings requested by you (which includes Instant Bookings and Advanced Bookings), but without prejudice to our rights at our sole and absolute discretion to decline any such request and/or cancel an accepted booking.
 
  • The Services are made available solely for your personal, non-commercial use.
 
  • Services of Service Providers. You acknowledge that we do not ourselves provide any of the services offered by the independent third-party Service Providers identified and available for booking through our Services. Our Services are limited solely to the booking of the independent third-party Service Providers who are not employed by us (or any of our affiliates), and do not work for us (or any of our affiliates), in any capacity.
 
  • Locations. Our Services are currently available worldwide and Service Providers operate globally. However, we do not represent that content available on or through our Services is appropriate for use in locations outside of the UK and any use of our Services outside of the UK is subject to the local, national or international laws or regulations subsisting from time to time in the jurisdiction or state in which they are being used and such laws and regulations must be complied with.

USE OF SERVICES

  • Your liability. You will be solely liable and accountable to us and any local authorities, law enforcement bodies or any other competent authority for all matters taking place in respect of, and relating to, your Account and your use of the Services. 
 
  • Use of Account. You may use your Account to carry out the following in accordance with our Acceptable Use Policy set out in clause 5: 
 
  • search for different languages and dialects;
  • use the Services’ Location Services to search for Service Providers;
  • connect with Service Providers and arrange bookings;
  • use the Services to view content uploaded and provided by Service Providers; and
  • upload content and materials and provide ratings, comments and feedback in respect of the Service Providers and bookings which have taken place.

PROVIDING THE SERVICES

  • Acceptance of bookings. For legal purposes, any bookings made through our Services shall be deemed accepted at our registered office address. Acceptance of bookings will be subject to acceptance of the Service Provider.
 
  • When the Services will be provided. The Services will be provided instantaneously (so far as is possible). For the avoidance of doubt, this relates solely to the booking Services and does not relate to the timing of the services booked which are to be provided by a Service Provider.
 
  • We are not responsible for delays outside our control. If the supply of the Services is delayed by an event outside our control, we will not be liable for delays caused by the event. 
 
  • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract, suspend or delete your Account, or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for the Services (or any part of them) not being supplied if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
 
  • Service Providers may vary slightly from their profiles. The images and information provided by the Service Providers on our app are for illustrative purposes only, are uploaded by the Service Providers themselves (or solely on the basis of information provided by them) and have not been verified or approved by Lingua. We cannot guarantee that the information and any images provide a true and current reflection of the Service Providers and your selected Service Provider may vary from such information or images.
 
  • Location Services. For security and safety reasons, the Location Services may not always provide accurate and exact locations. We cannot guarantee that any location shown on the Lingua platform is fully accurate as at the time shown. 
 
  • Reasons we may suspend the supply of services to you. We may have to suspend the supply of Services to:
 
  • deal with technical problems or make minor technical changes;
  • update the Services to reflect changes in relevant laws and regulatory requirements;
  • make changes to the Services.
 
  • We may suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to, we may suspend supply of the Services until you have paid us the outstanding amounts.

NOTIFICATIONS AND REMINDERS

  • Notifications and Reminders. As part of the Services, we may send you notifications and reminders by SMS text message, WhatsApp, through our app or by email. These may include notifications and reminders relating to upcoming bookings and appointments along with other notifications and reminders as deemed appropriate from time to time.
 
  • Your responsibility. If you elect (through our app or otherwise) not to receive notifications and reminders, it is your responsibility to ensure that you are not late and do not miss any bookings or appointments made. It is highly recommended that you log in to your Account on a regular basis to ensure that you are aware of any bookings or appointments you may have.

OUR CONTRACT WITH YOU

  • Not a Service Provider. We are not a Service Provider and do not provide any services offered by the Service Providers available for booking through our Services.
 
  • How we will accept your booking. Our acceptance of your booking will take place when we send you a confirmation by way of acceptance by email or through our app, at which point a contract will come into existence between you and us.
 
  • If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this and will not charge you for the Services. This might be because the selected services are unavailable, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description or because we are unable to meet a deadline or timeframe you have specified.
 
  • Your booking number. We will assign a booking number to your booking and tell you what it is when we accept your booking. It will help us if you can tell us the booking number whenever you contact us about your booking.
 
  •  Bookings from outside of the UK. Any bookings placed from outside of the UK will be subject to any applicable local, national or international law or regulation in place in the jurisdiction or state in which the booking is made or to which such jurisdiction or state is subject. If making an booking from outside of the UK, we accept no responsibility or liability for your compliance with any applicable local, national or international law or regulation to which you are subject in the jurisdiction or state in which the booking is made.

YOUR CONTRACT WITH A SERVICE PROVIDER

  • Service Provider Contract. Once you have completed a booking using our Services, the services to be provided by the Service Provider shall be provided under a contract between you and the Service Provider. Save in respect of cancellations, we shall be under no obligation to provide any further services to you once the booking has been made and confirmed.

YOUR WARRANTIES

  • Warranties. You warrant that:
  • You will only use our Services for lawful purposes;
  • You will not breach these terms in whole or in part in any manner whatsoever;
  • You are over the age of 18 years old and are of legal adult age as defined by the laws of the UK;
 
  • You will not abuse the Services or Service Providers in any manner whatsoever and will at all times maintain the expected standards of behaviour of a reasonable consumer.
 
  • You are accessing our Services from a country or state where it is not illegal to do so;
  • All information, details, content and materials provided by you to us or uploaded onto our Services (including on registration of your Account), are true, accurate and up to date in all respects and at all times and no images or videos uploaded are misleading in any respect; and
 
  • You will not, under any circumstances, attempt to solicit any services from a Service Provider introduced through the Services in any capacity outside of the Services or the Lingua platform.

YOUR RIGHTS TO MAKE CHANGES

You may not make changes. Once a booking has been placed and accepted, you will not have any right or ability to make changes to the booking. If you can no longer proceed with the booking, the booking should be cancelled in accordance with these terms

OUR RIGHTS TO MAKE CHANGES

  • We may make changes to these terms. We amend these terms from time to time. Every time you wish to use our Services, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on [20/08/2020]. We may notify you from time to time if changes are made to these terms, but it is your responsibility to check and read these terms whenever using our Services to ensure you are aware of and understand the terms that apply at that time.

 

  • We may make changes to our Services. We may update and change our Services from time to time to reflect changes to our Services, our users’ needs and our business priorities.

 

  • We may suspend or withdraw our Services. Our Services are made available free of charge. We do not guarantee that our Services, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons.

PRICE AND PAYMENT FOR SERVICES

  • Where to find the price for the Service Provider. The price of the Service Provider (which includes VAT) will be the price indicated on the Services when you placed your booking. We use our best efforts to ensure that the price of the Service Providers advised to you is correct. However, please see clause 15.4 for what happens if we discover an error in the price of the Service Provider you book.
 
  • We will pass on changes in the rate of VAT. If the rate of VAT changes between your booking date and the date the services are supplied, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
  • Tax. You are responsible for making payment of all and any tax charges and national insurance contributions incurred or arising out of your use of the Services including (but not limited to) any tax charges and national insurance contributions associated with the Charges. We are not responsible in any manner whatsoever for the payment of any such tax charges or national insurance contributions.
 
  • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Service Providers may be incorrectly priced. We will normally check prices before accepting your booking so that, where the correct price for the Service Provider at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the correct price for the Service Provider at your booking date is higher than the price stated to you, we will contact you for your instructions before we accept your booking. If we accept and process your booking where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid and there shall be no obligation on the Service Provider to render any services to you.
 
  • Charges. You understand that use of the Services may result in charges to you for the services you receive from a Service Provider (“Charges”). Service Provider Charges will be calculated in the basis of the Service Provider’s hourly rate (such rate will be calculated in EUROS). Once a payment is made by you, this will be held in a separate Paypal account pending completion of the services to be provided by the Service Provider or determination of any refund due. Once such sums have fallen due (for whatever reason), the sums due to the Service Provider shall be paid to the Service Provider and such payment shall be deemed the same as if payment had been made directly by you to the Service Provider. The payment flow for Charges will be as follows:
 
  • Your credit/debit card details shall be input on Booking Flow and your card will be saved onto the Paypal server to auto-populate for subsequent bookings;
 
  • A holding charge equivalent to 1 hour of the Service Provider’s time (calculated in EUROS on the basis of their hourly rate) will be calculated, charged and held on account from you (“Holding Charge”);
 
  • Once the Service Provider has concluded provision of the services they will terminate the session and the time of the session will be used to calculate the total Charges due to the Service Provider which shall be charged directly to you from the Holding Charge.
 
  • Once the total Charges have been calculated and paid from the Holding Charge, any outstanding balance shall be released back to you or, in the event that the total Charges exceed the sum of the Holding Charge, you will be charged an additional sum to cover the total Charges.
 
  • When you must pay and how you must pay. Payment is currently accepted through Paypal only. In the case of Instant Bookings:
 
  • you must make payment of the Connection Fee immediately upon booking the Service Provider and the Holding Charge will be made to your card in a sum equal to 1 hour of the Service Provider’s time (calculated in EUROS on the basis of the Service Provider’s hourly rate). The balance of the total price of the Service Provider (based on the Service Provider’s standard hourly rate (calculated in EUROS)) for the time spent providing the services shall be calculated and deducted  immediately following the conclusion of the services to be provided by the Service Provider; or
 
  • In the case of Advanced Bookings:
 
  • you must make payment of the Advanced Deposit immediately upon booking the Service Provider and the Holding Charge will be made to your card in a sum equal to 1 hour of the Service Provider’s time (calculated in EUROS on the basis of the Service Provider’s hourly rate). The balance of the total price of the Service Provider (based on the Service Provider’s standard hourly rate (calculated in EUROS)) for the time spent providing the services shall be calculated and deducted  immediately following the conclusion of the services to be provided by the Service Provider.
 
  • Right to remove or revise Charges. We reserve the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in our sole discretion. You will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. 

YOUR RIGHTS TO END THE CONTRACT

  • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at in this clause below, the contract will end immediately and we will refund you in full for any Services which have not been provided:
 
  • we have told you about an upcoming change to the Services or these terms which you do not agree to;
 
  • we have told you about an error in the price or description of the Services and you do not wish to proceed;
 
  • there is a risk that supply of the Services may be significantly delayed because of events outside our control;
 
  • we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons; or
 
  • you have a legal right to end the contract because of something we have done wrong.
 
  • Exercising your right to change your mind. You may exercise your right to change your mind and cancel a booking made using our Services at any time subject to our cancellation policy as provided under clause 17. Please note that in the event of cancellations you may still incur Charges. 
 
  • When you don’t have the right to change your mind. Subject to clause 16.2, you do not have a right to change your mind in respect of services booked using our Services. If for whatever reason you cannot (or do not wish to) attend the booking, the booking should be cancelled in accordance with these terms.

CANCELLATION (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

  • Tell us you want to end the contract. To end the contract with us, please let us know by sending us an email to [EMAIL ADDRESS] quoting your name and booking number or by effecting a cancellation through our app.
 
  • When you may be entitled to a refund. 
  • Subject to clause 18.3, in respect of Advanced Bookings:
 
  • If you have made an Advanced Booking with a Service Provider using the Services and we have confirmed to you such Advanced Booking has been cancelled not less than 24 hours prior to the time at which the Advanced Booking is due to take place, you shall be entitled to a partial refund of any Advanced Deposit paid; or
 
  • If you are not satisfied with the quality of your booking or the Services and have notified us of this within 5 days of your booking having concluded, you may be entitled to a partial refund at our sole and absolute discretion;
 
  • Any decision as to a refund under clause 17.2.1.1 or 17.2.1.2 shall be at Lingua’s sole and absolute discretion accounting for all circumstances following an internal investigation and review but Lingua shall be under no obligation to provide any refund.
 
  • Service Provider cancellations:
  • Subject to clause 18.3, in the event that the Service Provider cancels your booking, you shall be entitled to a refund of 100% of the total sums paid in relation to the booking.
 
  • When you will not be entitled to a refund.
  • In respect of Instant Bookings;
 
  • in the event the booking is cancelled prior to a connection being made with the Service Provider, you will be charged the Connection Fee which shall be non-refundable but you will not be charged any additional fees in relation to the booking; or
 
  • in the event the booking is cancelled after a connection has been made with the Service Provider, you will be charged the Connection Fee along with a further fee based on the Service Provider’s hourly rate (calculated in EUROS) proportionate to the time spent connected to the Service Provider and shall not be entitled to receive a refund in respect of the same.
 
  • You acknowledge and agree that you will be charged in accordance with the above regardless of whether or not you have received any services from the Service Provider.
 
  • How we will refund you. If you are entitled to a refund, we will refund you the sum due to you in accordance with these terms by the method you used for payment.
 
  • When your refund will be made. We will make any refunds due to you as soon as possible and no later than 14 days of the refund falling due.
 
  • Costs and expenses. We will not be liable to you for any costs or expenses incurred by you in respect of an accepted booking in the event that such booking is cancelled (or otherwise). Any costs or expenses incurred are incurred at your own risk and shall not be recoverable from us unless such sums have been recovered from the Service Provider but we shall have no obligation to pursue to the Service Provider to recover such costs and expenses. 

OUR RIGHTS TO END THE CONTRACT

  • We may end the contract if you break it. We may end the contract at any time if:
  • you do not make any payment to us when it is due;
 
  • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
 
  • you breach these terms or any of the warranties set out in clause 12 are or become untrue, inaccurate or misleading.
 
  • Our discretion. Notwithstanding any other clause of these terms, we may end the contract at any time without cause if deemed appropriate in our sole and absolute discretion.
 
  • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 18.1, you will not be entitled to a refund in respect of any payments made and we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. 

IF THERE IS A PROBLEM WITH THE SERVICES

  • How to tell us about problems. If you have any questions or complaints about the Services, please contact us by emailing us at support@linguatel.co.uk or contacting us through our app

LIMITATION OF LIABILITY AND INDEMNITY

  • Disclaimer. The Services are provided “as is” and “as available” and we disclaim all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any services requested through the use of the Services, or that the Services will be uninterrupted or error-free. We do not guarantee the quality, suitability, safety or ability of any Service Providers and you agree that the entire risk arising out of your use of the Services, and any service requested in connection with the Services, remains solely with you, to the maximum extent permitted under applicable law. We do not have any responsibility or liability to you related to any services provided to you by any Service Providers.
 
  • No representations outside the UK. We make no representations that the content of our Services is appropriate in locations outside of the UK. Any users accessing our Services from outside of the UK shall be doing so at their own risk and shall be personally responsible for compliance with their respective domestic laws.
 
  • Our liability. We shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services and we shall not be liable for any damages, liability or losses arising out of: 
 
  • your use of or reliance on the Services or your inability to access or use the Services; or
  • any transaction or relationship between you and any Service Provider.
 
  • Further limitation on liability. To the extent permitted by applicable law, we will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for: 
 
  • any theft or loss of your or any other person’s property in connection with the Services or any services provided pursuant or ancillary to the Services;
 
  • any booking through the Services that has not been accepted;
  • any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the Services;
 
  • any losses that could not reasonably be expected to result from our negligence or breach of these terms;
 
  • any other loss, damage, costs, expenses or liability that you suffer in connection with the Services, save to the extent that we fail to perform our obligations to you to the standard of a diligent and professional provider of the relevant services.
  • Limit. In no event shall our total liability to you in connection with the Services exceed the total sums paid by you to us.
 
  • No limitation where unlawful. Notwithstanding the above, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
 
  • Indemnity. You agree to indemnify and hold us and our officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with: 
 
  • your use of the Services or services obtained through your use of the Services;
  • your breach of any of these terms; and
  • your violation of the rights of any third-party, including Service Providers.

HOW WE MAY USE YOUR PERSONAL INFORMATION

  • How we may use your personal information. We will only use your personal information and cookies as set out in our Privacy Policy and our Cookie Policy respectively

OTHER IMPORTANT TERMS

  • We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
 
  • You cannot transfer your rights to someone else. You may not transfer your rights or your obligations under these terms to another person. 
 
  • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
 
  • If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
 
  • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
 
  • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed exclusively by English law and you can bring legal proceedings in respect of the products in the exclusively in the English courts. 

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