This End User Licence Agreement (“EULA”) sets out the terms on which we agree to let you access and use our online language learning platform (the “Platform”). References to the ‘Platform’ include the mobile, desktop and any other versions of the Platform and any related or incorporated services, materials (including audio and visual) and documentation.
The Platform is provided for general information and language-learning educational purposes only. We make reasonable efforts to update the information contained on the Platform, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
If you access the Platform via an app downloaded from an app store, then you may be subject to additional policies and contract terms imposed by the app store’s operator (“Appstore”). These will either be:
- For android device users: https://play.google.com/intl/en_uk/about/play-terms.html
- For Apple iOS users: https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html
If you download the Platform from an Appstore, please note the following additional terms which will apply:
- This EULA is between you and us, and the Appstore is not a party to it. The terms in this EULA will not apply to the extent they are inconsistent with any of the Appstore terms.
- The Appstore has no responsibility in relation to the maintenance or support of the Platform and does not offer any warranty and will not address or be responsible for any claims (including product liability, regulatory infringement, consumer protection or intellectual property claims) relating to the Platform.
- You represent and warrant that: (i) you are not located in a country which is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- The Appstore is a third-party beneficiary of this EULA and, upon acceptance, the Appstore will have the right to enforce this EULA against you as a third-party beneficiary.
YOUR USE OF THE PLATFORM
In return for your agreeing to comply with this EULA, and using your best efforts to improve your language skills, you may:
- access the Platform, and make use of the material we provide, for the purpose of learning a language and improving your language skills;
- use any documentation we provide to support your permitted use of the Platform for the purpose described above; and
- receive and use any free supplementary version or update of the Platform incorporating patches and corrections of errors as we may provide to you.
You must only use the Platform for the purpose of learning a language and improving your language skills, and must do so in an honest manner which respects the Platform and the content on it.
You must not do any of the following:
- use the Platform in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data;
- infringe our intellectual property rights or those of any third party (including by the use of the Platform or our intellectual property rights in a manner not expressly permitted by this EULA);
- transmit any material that is defamatory, offensive or otherwise objectionable;
- use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- do anything which could infringe the privacy or data protection rights of any other individual; or
- not improperly collect or harvest any information or data from the Platform or our systems or attempt to decipher any transmissions to or from the servers running the Platform.
You shall not:
- rent, lease, sub-license, loan, provide, transfer or otherwise make available, the Platform in any form, in whole or in part to any person without prior written consent from us;
- copy the Platform or any part of it, except as part of the normal use of the Platform or where it is necessary for the purpose of back-up or operational security;
- translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform nor permit the whole or any part of it; or
- disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform nor attempt to do any such things, except to the extent that such actions cannot be prohibited by law because they are necessary to decompile the Platform to obtain the information necessary to create an independent program that can be operated with the Platform or with another program and provided that the information obtained by you during such activities is used for the purpose of interoperability and: (i) is not disclosed or communicated without our written consent; (ii) is not used to create any software which is substantially similar to the Platform (or any aspect of it); and (iii) is kept secure.
UPDATES TO THE PLATFORM
From time to time we may automatically update the Platform to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Platform for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platform.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Platform throughout the world belong to us (or our licensors) and the rights in the Platform are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platform other than the right to use it in accordance with this EULA. The only exception to this is in respect of user-generated content which you upload in accordance with this EULA. By uploading any such user-generated content, you provide us with a non-exclusive perpetual, irrevocable, worldwide, royalty-free, transferrable, sub-licensable licence to use such content as we reasonably require in order to operate and provide the Platform.
User-generated content means any information, materials or documents you provide or upload or post online during the course of using the Platform. We are not the author of such content and do not moderate or verify it. Accordingly, we shall not be liable for such content and any liability (including liability for copyright infringement or defamation) shall rest solely with the user responsible for generating such content. You undertake not to use the Platform to upload or post:
- advertising or promotional materials or transmit any junk mail or spam or the solicitation of goods or services;
- any material that you do not have the right to post under any law or under any other obligatory relationship;
- any material that infringes any intellectual property right including without limitation patent, trademark, trade secret, copyright, or other proprietary rights of any other person;
- any material that is defamatory, libellous, unlawful, threatening or harmful, abusive, harassing, obscene, invasive of another's privacy, hateful, discriminatory or otherwise objectionable;
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- material which promotes or provides instructional information about illegal activities, harm or injury against any person; or
- material related to engaging in any commercial activities.
Notification and removal: if you become aware of any content posted or uploaded (either by you or any other person) in breach of the user-generated content provisions of this EULA then you must notify us immediately (using the contact email address at the end of this EULA) and provide details of alleged infringement. We will investigate the content and, if appropriate, remove it in accordance with this EULA. Where we have reasonable grounds to believe any user-generated content infringes copyright, is defamatory, obscene, unlawful, objectionable or otherwise does not satisfy the provisions of this EULA, we shall promptly remove, or disable access to, such content and shall take such other actions as we in our discretion determine appropriate.
OTHER LEGAL PROVISIONS
Availability: The Platform is made available strictly on the basis that you accept it on an 'as is' and 'as available' basis. Where you rely on the Platform, you do so entirely at your own risk and you accept that all warranties, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of this website are excluded to the fullest extent permitted by law. We are not responsible for events outside our control.
Termination: We may suspend or terminate your right to use the Platform without notice or liability if you breach this EULA.
Transferring rights: We may transfer our rights and obligations under this EULA to another organisation (including persons who have licensed intellectual property to us in connection with the Platform) and you agree that such licensors will have the right to enforce this EULA). We will always tell you in writing (which may include by email or by posting a notification on the Platform) if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under this EULA to another person if we agree in writing.
Separate terms: Each of the paragraphs in this EULA operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Delay: Even if we delay enforcing this EULA, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaching this EULA, 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.
Governing law: This EULA is governed by English law and the English courts will have exclusive jurisdiction in relation to any action or claim arising out of it.
If you have a question or complaint about the Platform or this EULA please contact us by emailing Katharine.Eastham@britishcouncil.org. If you are contacting us with a complaint, then please include the following information:
- your name and email address;
- details of the complaint (e.g. copyright infringement, improper content, defamatory content); and
- a hyperlink and reference number (where applicable) to the content in question.
CHANGES TO THIS EULA
We may need to change this EULA from time to time, for example due to changes to the way the Platform operates or due to changes in the law. If you do not accept the notified changes, you will not be permitted to continue to use the Platform.
This EULA was last updated on 10th June 2022.