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This web page represents our Terms of Use and Sale (“Agreement”) regarding our website, https://lingoculture.com (“Website”). It was last updated on 2 March 2022. The terms, “we” and “our” as used in this Agreement refer to LingoCulture, LLC (“LingoCulture”).

We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

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.

Limited License

LingoCulture grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases of French tutoring services, access to French e-learning content, and other features of our e-learning product through our Website, strictly in accordance with our Legal Terms.

Copyrights and Trademarks

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 LingoCulture. 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. LingoCulture aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of LingoCulture, 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 LingoCulture. LingoCulture prohibits use of any logo of LingoCulture or any of its affiliates as part of a link to or from any Website unless LingoCulture approves such link in advance and in writing. Fair use of LingoCulture’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

Links to Third-Party Websites

Our Website may contain links to Websites owned or operated by parties other than LingoCulture. Such links are provided for your reference only. LingoCulture does not monitor or control outside Websites and is not responsible for their content. LingoCulture’s 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 LingoCulture’s inclusion of the links imply that LingoCulture is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

Content Disclaimer

Postings on our Website are made at such times as LingoCulture determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. LingoCulture does not guarantee that we will review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

Services Disclaimer

Our services, primarily one-on-one classes with French teachers, are for educational purposes only. Our teachers, agents, or other employees or representatives offer the service as governed by our Legal Terms. If you are displeased with our services, please read our Refunds section and act accordingly.

Our teachers, agents, employees, or other representatives have been instructed to maintain utmost professionalism and respect, including avoiding discrimination based on race, sexuality, gender, nationality, religion, political views, or other similar issues, and we are serious about enforcing these. However, LingoCulture cannot guarantee that our employees, teachers, agents, or other representatives act in accordance with this policy, and if you are displeased by any communications with LingoCulture, please refer to our refund policy for your rights to refund. By using our service you forfeit your rights to take legal action against LingoCulture or our associates, employees, agents, owners, or other representatives for these types of discrimination.

Customer Etiquette (Student Code of Conduct)

As a LingoCulture student, customers agree are expected to be polite and follow common etiquette when taking a class and/or dealing with anyone from the LingoCulture team.

A customer must:

  • be fully clothed during classes
  • when taking a class, act with basic manners (no burping, nose picking, foul language etc)
  • when taking a class, have the video camera turned on at all times (unless requested otherwise by a teacher)
  • when taking a class, not be abusive to the teacher, or make comments that could be deemed as offensive (including sexual, religious, or racial comments)
  • when taking a class, avoid discussing inappropriate topics  that could make your teacher feel uncomfortable (including topics on politics, religion, and sex)
  • when taking a class, give full attention to the teacher – no accepting a call and then leaving for half the class
  • when taking a class, no drinking alcohol. Eating may be permitted, but only if it doesn’t cause the student or teacher to be distracted
  • when taking a class, try to be in a room with minimum outside noise or distractions
  • be the sole user of their account. Attempts to have multiple people using a single account will not be allowed
  • not have multiple accounts. Attempts to create more than one account per student will not be allowed.
  • not solicit personal information from any LingoCulture teacher, including their phone number, social media profiles, home address etc
  • be on time and take the classes they request. Scheduling classes and then not showing up is a disservice to other students who may have wanted that time slot with a particular teacher, a disservice to the teacher, who ends up sitting there, and a disservice to us as we pay a teacher without them teaching. If a customer cannot attend a class, it should be canceled as far in advance as possible.

If the customer breaks this code of conduct, LingoCulture will issue one formal warning. If a second warning is issued, then LingoCulture reserves the right to expel the student from LingoCulture, ban them from future classes, and refuse refund requests.

Contact and address 

LingoCulture LLC is an American company legally based in Houston, Texas. We do not guarantee to answer letters or voice calls. However, our support team responds almost instantly through our messaging widget app and answers all emails sent to [email protected] for student support or [email protected] for any teachers’ applications.

10685-B Hazelhurst Dr. # 30845

Houston, TX 77043

 

Refunds

We offer 100% refunds, for the first 30 calendar days from the date you first sign up to a 7-day trial. LingoCulture does not allow students to create duplicate accounts and this refund policy is only valid on a student’s first trial.

Only LingoCulture customers who are unhappy with the service within the first 30 days are eligible for a refund. Before issuing a refund, we will ask customers to explain what elements of LingoCulture they are unhappy with. This helps us gather feedback in order to continually improve the service we offer. Feedback is not required to receive a refund, but appreciated.

We process refunds through our payment processor, Stripe.

30 calendar days after the initial sign-up date, we do NOT offer refunds. We have hard costs (paying teachers, for example) that prevent us from offering this.

If your automatically recurring subscription charge to LingoCulture occurs, and you have not taken any classes or used any services, and it is no more than 3 days since the charge occurred, you may contact us to have that latest payment, and only the latest payment, refunded.

Request of a refund will be processed within a reasonable period of time, on business days. Process of a refund may result in your account being deleted.

No Warranties; Exclusion of Liability; Indemnification

OUR WEBSITE IS OPERATED BY LingoCulture ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, LingoCulture SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. LingoCulture SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER LingoCulture OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL LingoCulture’s LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO LingoCulture FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, LingoCulture DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. LingoCulture AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS AND SERVICES OFFERED THROUGH OUR WEBSITE.

LingoCulture MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

Indemnification

You agree to defend, indemnify and hold LingoCulture harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or any Contracts or Services you purchase through it.