Last Updated 22nd January 2021
Welcome to LanguaTalk.com, the website and online service of LanguaTalk, Inc. (hereinafter: “LanguaTalk”, “we” or “us”). This page explains the terms by which you may use our online services, software and website, provided on or in connection with the service (collectively the “Service”).
We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date shown above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Service. If you are a business user, for example a Teacher, any change to our Terms will be communicated with at least a 15 day notice period. In the event that the business user does not accept the changes, they will have the right to terminate the contract. If any clause or part of this Agreement is considered invalid by any court or arbitrator, this does not mean that the whole Agreement will be judged invalid.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Provision of the Service.
Who can use our Services:
You may use our Services only if you can form a binding contract with LanguaTalk, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Before using our Services, Users below the age of 18 must obtain express permission from a parent or legal guardian, which must be provided to the Teacher or LanguaTalk before providing data and commencing lessons. Users below the age of 18 should be supervised by a parent or legal guardian whilst taking lessons. Your right to use our Services is personal to you and is not transferable by you to any other person or entity. LanguaTalk reserves the right to terminate your use of its services, for example if you demonstrate abusive or inappropriate behaviour towards another User.
LanguaTalk provides an online venue for language learning where Users, both Students and Teachers can collaborate with each other and take advantage of the services (collectively, the “Services”). The Services provided are as follows:
Connection Services. Upon acceptance to the Site, LanguaTalk allows Teachers to advertise their services to Students. Students are able to browse Teacher profiles and engage Teachers for the purposes of language learning. Students and Teachers are able to coordinate lesson bookings via our software. In providing the Connection Services, LanguaTalk only provides the venue for Students and Teachers to find and contract with each other.
Payment Services. LanguaTalk **provides Payment Services to Users. Students are able to purchase lesson credits, which they can then apply in the booking system in order to schedule lessons with Teachers. Teachers are able to receive payment for lessons given. LanguaTalk provides the Service of sending lesson earnings to Teachers, typically twice per month. LanguaTalk also provides assistance with disputes between Students and Teachers.
THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE TEACHERS AND STUDENTS CONNECTING AND BOOKING LESSONS DIRECTLY WITH EACH OTHER. LANGUATALK IS ONLY RESPONSIBLE FOR PROVIDING THE AFOREMENTIONED CONNECTION AND PAYMENT SERVICES. LANGUATALK IS NOT RESPONSIBLE FOR THE METHODS, MATERIALS, ONLINE DELIVERY TOOLS AND ALL ASPECTS OF THE LESSONS/TEACHING SERVICES. LANGUATALK IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LESSONS. ACCORDINGLY, ANY PAYMENT SERVICES WILL BE MADE OR ACCEPTED AT THE USER’S OWN RISK. LANGUATALK HAS NO CONTROL OVER THE CONDUCT OF ITS USERS AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. LANGUATALK HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, AVAILABILITY, SAFETY OR LEGALITY OF TEACHING SERVICES ADVERTISED, THE TRUTH OR ACCURACY OF LISTINGS, THE QUALIFICATIONS, BACKGROUND, THE ABILITY OF TEACHERS TO DELIVER TEACHING SERVICES OR THE ABILITY OF STUDENTS TO PAY FOR TEACHING SERVICES.
2. Payment & Refunds.
If a Student wishes to engage a Teacher, they can purchase lesson credits in US Dollars. As stated elsewhere on the website, lesson credits are valid for 9 months from the day of purchase. Please note that whilst Students need to schedule lessons in the booking system within 9 months, the lessons can potentially be taken a few weeks after the expiry if the Teacher has availability. The expiry refers to when you schedule lessons in the system, not when they're taken.
Purchased lesson credits are valid only for the Teacher selected, though the available balance can be disconnected from the selected Teacher. If the balance is disconnected, it can then be used towards purchases of lesson credits with other Teachers. The disconnection of a balance from a Teacher cannot be reversed if the Student changes their mind. The available balance can only be disconnected once from a given payment, therefore the Student should ensure that any scheduled lessons are cancelled if they want to disconnect the balance associated with these lessons. Disconnected balances have the same period of validity as the initial purchase (9 months from the date of purchase).
Lesson credits are valid only in exchange for lessons taken on LanguaTalk and may not be exchanged for cash.
All prices stated exclude any additional charges such as fees, taxes or interest charged by the Student’s bank or credit card company. These charges are the sole responsibility of the Student. The prices stated also do not include any costs associated with connecting to the internet.
Students are able to receive a refund of their balance if they contact LanguaTalk’s support team ([email protected]) to request their refund within 30 days of purchase. The refunded amount will equal the value of the remaining balance in US Dollars, minus payment processing fees that are not returned by our payment provider, Stripe. If your bank account is in a currency other than US Dollars, you may receive less than you paid due to currency conversion costs and changes in the exchange rate.
To redeem a trial session for free, you may be required to provide valid card information. At this point, your card will not be charged - the information is only used to verify your identity & limit free trial sessions to one per student. When you make a payment, you'll have the option to save your card details. If you select this option, our payment provider, Stripe, will store your card details securely to save you time if you choose to make further payments. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry. You may contact our support team if you wish to remove a card from Stripe's servers.
3. Booking Policies & Resolving Disputes.
A lesson can be cancelled or rescheduled by the Student if at least 24 hours are remaining until it is due to begin. The Student must reschedule/cancel the lesson via the booking system. If they cannot see how to do this, they should consult the instructions found on the Site’s FAQs/Help page. When there are less than 24 hours remaining until the lesson is due to begin, the Student does NOT have the right to cancel or reschedule and the lesson credit cannot be returned. This policy exists for the protection of Teacher’s working conditions. Teachers are able to make exceptions if they wish, however they are under no obligation to do so.
If the Student misses their lesson, they will not be able to reschedule or cancel it and their lesson credit will be lost. Lessons scheduled during local holidays will not be cancelled automatically – it is the responsibility of the Student to make any necessary changes to their bookings.
If there is a dispute between Student and Teacher, LanguaTalk will gather all records of communication available in order to determine how to adjudicate the dispute. LanguaTalk shall have the right to transfer credits, offer a refund, or reverse a transaction. LanguaTalk shall also have the right to designate who shall bear the expenses resulting from any such actions.
4. Managing Your Information.
It is the sole responsibility of each User to ensure that all personal details (e.g. contact details, payment details) are up to date and accurate at all times. By accepting these Terms, you hereby release LanguaTalk from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, which arise due to inaccurate personal information being held on the site or being supplied to LanguaTalk staff. You are also responsible for safeguarding your account password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your LanguaTalk account, whether or not you have authorised such activities or actions. You will immediately notify LanguaTalk’s support team of any unauthorised use of your account or lesson credits.
5. Technical Requirements.
The Student is responsible for ensuring they have 1) a sufficiently fast and reliable internet connection and 2) the necessary software and hardware for learning via LanguaTalk. If a lesson is disrupted or cannot go ahead as a result of technical issues from the Student’s side, the Teacher has the right to charge for the lesson. If the Teacher has technical issues, the lesson must be marked as Not Complete in the booking system within 48 hours so that the student's funds are returned to their available balance.
6. Trial Sessions.
Students may book a “Trial Session” with those Teachers that are offering them. New students are given a free token for one Trial Session when they create an account. Abuse of the trial system, for example by creating multiple accounts and taking multiple free trial sessions, may result in the Student's accounts being suspended and the Student being banned from using LanguaTalk's Services. Teachers may also offer Trial Sessions for 30% of their standard 55-minute lesson price. Students may only book one Trial Session with any one Teacher. Students may book up to 10 trial sessions on the Site. Trial Sessions last approximately 30 minutes and are not intended to be a lesson but rather for the Teacher and Student to get to know each other. After taking this a Trial Session, the Student can decide, without commitment or obligation of making a purchase, whether to proceed with purchasing lessons.
7. Teacher Specific Terms.
If you are accepted as a Teacher on the platform, your User status will be changed to “Teacher”. This section refers to Terms which only apply to Teachers, however please note that as a User, the other sections of this Terms document also apply to you.
LanguaTalk does not have the right to control how you teach or how you set your schedule. You will be able to display your profile and create an introduction video for Students to watch. You will provide information you want displayed on your profile, which we will then be added to the site. You have the right to make changes to your profile at any point (though the profile information must be accurate and must still fit our required profile format). You agree and acknowledge that we may make changes to your profile, for example to help you receive bookings or to ensure that your profile fits our guidelines. From time to time, we may advertise your profile online to increase bookings. You agree and acknowledge that LanguaTalk may display advertisements showing your profile and services without any payment obligation to you.
You are also expected to perform in a manner that results in a high level of Student satisfaction. You are in breach of the Terms if you:
We reserve the right to suspend Teachers from working via LanguaTalk.com at any time (if you are located in the EU, please see EU specific clauses towards the bottom of these Teacher terms.)
The order of Teachers displayed on the LanguaTalk listings pages depends on a number of factors including, but not limited to, the following - in no particular order:
The order of the profiles cannot be influenced by payments made by Teachers to LanguaTalk.
With regards to data privacy:
Your personal data will not be shared with third parties. You will be given access to data that enables you to contact your Students and to provide a service that is tailored to their needs. This data may include: The Student’s name, their email address, their motivation for learning, their Skype ID, their phone number, their estimated language level, and the country they are based in. You agree to only use this data for the purposes of teaching Students and not to share it with third parties. This data should be kept within LanguaTalk and not stored elsewhere. This data may occasionally be shared with you by LanguaTalk via email or Skype. If a Student contacts you to ask about their data or to ask for it to be removed, you must promptly communicate this to LanguaTalk so that action can be taken.
IF YOU CHOOSE TO TEACH VIA LANGUATALK.COM, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH LANGUATALK IS LIMITED TO BEING AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF LANGUATALK FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF LANGUATALK. WHILST WORKING VIA LANGUATALK, YOUR CLIENTS WILL BE YOUR STUDENTS, NOT LANGUATALK. YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF LANGUATALK, INCLUDING BY INAPPROPRIATELY USING ANY LANGUATALK INTELLECTUAL PROPERTY.
As an independent contractor, you understand and acknowledge that you are solely responsible for determining your applicable Tax reporting requirements and obligations relating to applicable Taxes for your services. You are also solely responsible for remitting these Taxes to the relevant authorities. LanguaTalk cannot and does not offer Tax-related advice to Users.
You acknowledge that you are legally eligible to provide tutoring in the jurisdiction where you provide tutoring, and that you have complied and will comply with all laws and regulations that are applicable to you.
We use Stripe to make payouts to teachers. The Stripe Recipient Agreement applies to your receipt of such Payouts and by creating a LanguaTalk account, you are accepting this Agreement. To receive payouts from us, you must provide us with accurate and complete information about you and your business, and you authorize us to share it and transaction information related to your payout with Stripe.
To ensure we comply with EU regulations, the below Terms in this section apply to Teachers located in the European Union:
1) Any changes to our Terms will be communicated to you with at least a 15 day notice period. In the event that you do not accept the changes, you will have the right to terminate the contract.
2) If we suspend the provision of our Services to you, we shall provide a statement of reasons for that decision before or at the time in which the decision becomes effective. If we terminate the provision of our Services to you, we shall generally provide a statement of reasons 30 days in advance.
3) If you have any complaints, you will be able to submit them to us and we will review them carefully.
If you do not understand anything in this section, please contact us and we will help you.
8. Controlling Law and Jurisdiction.
These Terms are governed in all respects by the laws of the state of Delaware and the United States of America. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph does not override those laws. You agree that any claim or dispute you may have against LanguaTalk must be resolved by a court located in the United States of America, or as described in the Arbitration Term below. You hereby submit to the personal jurisdiction of the courts located within the United States of America for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site must be commenced within 30 days after it arises, or the cause of action is barred.
We want to address any issues you have without needing a formal legal case. Before filing a claim against LanguaTalk, you agree to try to resolve the dispute informally by contacting us at [email protected] We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or LanguaTalk may bring a formal proceeding.
Judicial forum for disputes. You and LanguaTalk agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the courts of the United States of America, subject to the mandatory arbitration provisions below. Both you and LanguaTalk consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree To Arbitrate. You and LanguaTalk agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by confirming this via email to [email protected] within 30 days of first using our Services.
Exceptions to Agreement to Arbitrate. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the courts in the United States of America to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
10. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LANGUATALK, ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL LANGUATALK BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LANGUATALK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless LanguaTalk from any and all liability, claims, costs, or damages arising from your use of LanguaTalk.com or your breach of this Agreement and any of the Terms set out herein.
12. Intellectual Property Rights.
All of LanguaTalk’s materials, including website content, articles, images, and audio and video files remain at all time the sole property of LanguaTalk. Such aforementioned materials are protected under international copyright, trademark and other intellectual property laws. You may not post, distribute, sublicense, translate or reproduce in any way any copyrighted materials, trademarks or other proprietary information without the prior express written consent of LanguaTalk.
The Site may contain links to third-party websites. You acknowledge and agree that LanguaTalk is not responsible or liable for: (I) the availability or accuracy of such websites or resources; or (II) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by LanguaTalk of such websites or their resources. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such websites.
14. Export Control
The laws of the United States of America prohibit the transmission, export and re-export of certain products, services, downloadable software and data (technical data) to particular persons, territories and foreign states. Nothing from the Services may be exported, in any way, in violation of United States law.
United States export control regulations prohibit U.S. businesses, such as LanguaTalk, from offering services to users in specific sanctioned regions.
In order to comply with these regulations, it is not allowed for users in the following areas to access all or certain parts of our Website: Iran, Sudan, Crimea, Cuba, Syria, North Korea.
Depending on your exact location, you may encounter an IP or payment purchase block when attempting to enroll in or otherwise access our Website.
By providing LanguaTalk your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You agree that these electronic communications satisfy any legal requirement that such communications be in writing. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such emails, you may unsubscribe from the email list. If you have any questions and/or concerns about this Agreement or any of the policies of LanguaTalk, please contact us at [email protected]
Last Updated 23 December 2020
1. Acknowledgment and Acceptance of Terms.
2. Third Party Websites.
Related services and offerings with links from this website, including all other websites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. LanguaTalk is not responsible for the privacy practices or contents of third-party websites. We recommend and encourage that you always review the privacy policies of third parties before you provide any personal information or complete any transaction with such parties.
3. Information We Collect, How We Use It & Why.
When a user signs up for a trial session or a lesson, we are required to request and store the user’s email address and other relevant information. This is because the user needs to receive email communications regarding the session and the teacher needs to know certain things in order to provide the service. The information required may include: Name, email, age range, country, estimated language level and motivation. The user may also optionally provide their phone number and Skype ID to facilitate communication and receive session reminders.
We store the data mentioned above for the purposes of 1) enabling lessons and trial sessions to be scheduled, 2) allowing teachers to be able to provide their services, and 3) enabling our support team to ably deal with any issues. The data is stored within third party software systems which use the latest security technology and are compliant with the GDPR. Data may occasionally be shared with teachers via email if you book a lesson with them and they do not have your information. We have an agreement with teachers that covers data privacy.
If you wish to gain access to any information kept or for us to remove your information from our systems, you can contact us at [email protected] We will respond to your request within 7 days.
After creating an account, you may receive a welcome email providing information on how our site works. During sign up, you'll also be given the option to receive emails covering reminders, offers and learning tips. You can opt out by clicking the unsubscribe link in one of these emails, or by contacting us.
We will not disclose personally identifiable information we collect from you to third parties (other than LanguaTalk teachers) without your permission except to the extent necessary including:
When you visit LanguaTalk.com, we may track browsing activity and later analyse it for the purpose of better serving our users. We use third party cookies to run Google Analytics Demographics and Interest Reporting. These cookies gather website visitor data (such as age and gender) that we use to optimise our website content and marketing. They do not collect any personally identifiable information. You can use this add-on to prevent Google Analytics from accessing information about your online activity.
We use remarketing tracking to log when users view specific pages or take specific actions on LanguaTalk.com. This is common practice and allows us to advertise to past users when they are browsing other websites. If you do not wish to receive Google or Facebook advertising, you can opt out of each using the following links: You can change your Facebook advertising settings here. Find out how to opt out of Google advertising here.
After you create an account, you'll see there is an option to sync with Google Calendar under Account Settings. If you connect your Google Calendar, your Google Calendar data and your associated Google email address will be shared with our application. If you use this option as a Student, we will only use this information to add LanguaTalk appointments to your Google calendar. If you use the Google Calendar Sync option as a Teacher, we will only use the information provided to update your calendar and availability in the application as well as add LanguaTalk appointments to your Google Calendar. Google Calendar data is only stored in our database and not shared outside of our application.
4. Children's privacy.
5. Changes to This Statement.
LanguaTalk has the discretion to occasionally update this privacy statement. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect.
6. Contacting Us.