General Terms and Conditions for the ‘Easy Languages Membership Platform’
(The following General Terms and Conditions (‘GTC’) also contain statutory information on the rights of consumers in accordance with the provisions on contracts in distance selling and electronic commerce).
- Scope of Application
- These GTC shall apply between Easy Languages GmbH, Torstraße 85, Unit 80, 10119 Berlin, Germany ("Service Provider"), and users who register for the use of our online service "Membership Platform" ("Users"). The Membership Platform is accessible through the following web addresses, depending on the entity operating the language-learning channel associated with the acquired Membership Services (e.g., "Easy French"):
https://members.easy-arabic.org
https://members.easy-french.org
https://members.easy-greek.org
https://members.easy-spanish.org
https://members.easycatalan.org
https://members.easyczech.org
https://members.easydutch.org
https://members.easyenglish.video
https://members.easygerman.org
https://members.easyitalian.org
https://members.easypolish.org
https://members.easyportuguese.org
https://members.easyqazaq.org
https://members.easyrussian.org
https://members.easyturkish.org
These General Terms and Conditions (GTC) shall apply to all users of the Membership Platform in the version valid at the time of the respective contract conclusion. - The services of the Service Provider are exclusively aimed at consumers (§ 13 of the German Civil Code “BGB”).
- The User shall agree to these GTC upon registering for the Membership Platform and when he is commissioning paid services as per clause 2.5 of these GTC.
- The Service Provider reserves the right to amend these GTC at any time without stating reasons. The User shall be notified of any changes by electronic notification via email to the address provided during registration. If the User does not object to the changes within four weeks after receiving the notification, the amended provisions shall be deemed accepted. In the event of an objection by the User, the Service Provider shall be entitled to terminate the user contract with one (1) week’s notice.
- These GTC shall apply between Easy Languages GmbH, Torstraße 85, Unit 80, 10119 Berlin, Germany ("Service Provider"), and users who register for the use of our online service "Membership Platform" ("Users"). The Membership Platform is accessible through the following web addresses, depending on the entity operating the language-learning channel associated with the acquired Membership Services (e.g., "Easy French"):
Excluded from the right to amend under this clause shall be such changes to the GTC that affect the main performance obligations of the contractual Parties and thereby significantly alter the relationship between principle and counter-performance obligations, as well as other fundamental changes to the contractual duties that are equivalent to entering into a new contract. Such changes shall require an express contractual agreement.
- Subject Matter of the Contract and Delimitation of Services
- The Service Provider shall operate the Membership Platform as the party responsible for content and legal matters. The technical service provider for the Membership Platform is Seedlang Inc.
- The Membership Platform offers Users the opportunity to learn foreign languages through variously designed didactic content (see clause 2.6). Registration on the platform, as well as access to and use of trial content ("Trial Content"), is free of charge for Users; the acquisition of Membership Services on the platform ("Membership Services") shall be a paid service.
- Contractual party for the use of the Membership Platform shall exclusively be the Service Provider and not the entity operating the language-learning channel associated with the acquired Membership Services (e.g., "Easy French").
- The Trial Content shall include a portion of the content on the Membership Platform selected by the Service Provider, which is available for a particular language. Within the scope of accessing the Trial Content, all features of the Membership Platform can be used.
- The basic services shall not include access to any content freely chosen by the User or to complete lessons, chapters, or content of the Membership Platform available for a particular language.
- The Membership Services shall include:
- Access to all content available for a particular language on the Membership Platform, consisting of video and podcast episodes, vocabulary lists, worksheets, transcripts, video, and audio downloads;
- Access to a Discord group, comment function, subscription to private podcast feeds;
- The Service Provider may make changes to the content or functionalities of the Membership Platform at any time, provided that such changes are within reason for the User considering their interests. The Service Provider shall also be entitled to have parts or all of its services performed by third parties.
- The User shall be responsible for establishing and maintaining the prerequisites necessary to use the Membership Platform (e.g., the use of current browsers, sufficient bandwidth for internet access).
- Conclusion of Contract and Ordering Process
- Upon registration on the Membership Platform, Users shall conclude not only a contract with the Service Provider regarding the Trial Content and, where applicable, the Membership Services, but also a contract with Seedlang Inc. for the use of the online service Seedlang. Separate terms and conditions, which must be accepted as part of the registration process, shall apply.
- The contract of use between the Provider and the User shall be concluded by the User receiving confirmation of the conclusion of the contract of use from the Provider after registering on the Membership Platform (by providing an e-mail address and a password of their choice), receiving confirmation of registration (by e-mail) and completing registration by the User (e.g. by clicking on a confirmation link). The Provider shall immediately confirm the registration and the conclusion of the license agreement to the User electronically.
- In the context of the contract of use, a contract for Membership Services shall be concluded as a fee-based service as follows: The desired product can be selected by clicking on the ‘Become a Member’ button. If the User is not yet registered or logged in, clicking on the ‘Join’ button will first enable the User to log in or register free of charge in accordance with section 3.2. By clicking on ‘Continue to Payment’, the User is then redirected to the payment service provider ‘Stripe’. If the User is already registered, they will be redirected to the payment provider ‘Stripe’ after clicking on the ‘Join’ button. In the order screen there, the Customer can see once again which product he has selected, can view all order details and is asked to enter his payment details and confirm the validity of the GTC and the information on the right of withdrawal. By clicking on ‘Subscribe with obligation to pay’, the User submits a binding declaration, which leads directly to conclusion of a contract.
- The User shall be able to recognize and correct any input errors in the respective input mask. Errors can no longer be corrected once the User clicks on the button "subscribe with obligation to pay." Additionally, the User may correct any errors in their personal data at any time later in their user account.
- The Service Provider reserves the right to revoke the User's registration at any time due to false information provided during registration, breach of their obligations under the user contract (see in particular §§ 4 to 6), or misuse of the Membership Platform, and to block the User's access.
- Obligations of the User
- The User warrants that the information provided by them during registration and use of the Membership Platform is truthful and complete. Furthermore, they are obliged to update their information (such as personal details, payment information) in their user account without undue delay.
- The User warrants that the information entered in the Membership Platform does not violate any laws or third-party rights and does not negatively affect other data or the data processing system of the Service Provider.
- The User shall not misuse the Membership Platform. In particular, they shall not introduce any data into the Membership Platform or the underlying IT system that contains viruses or other forms of malware, and they shall not use the Membership Platform in a manner that negatively impacts the availability of the service for other users.
- The User shall not reproduce, store in other media, distribute, or modify the information, data, and documentation integrated into the Membership Platform ("Membership Platform Content"). Accessing the Membership Platform Content through automated processes (e.g., robots, spider tools, etc.) or in any manner that deviates from normal user behavior shall not be permitted. Printing and saving individual pages shall only be allowed for personal use.
- The integration of the Membership Platform into the User's own software products or online services, or into third-party software products or online services, whether by way of "framing" or otherwise, shall not be permitted.
- Full or partial reverse engineering of the Membership Platform shall be prohibited.
- Usage Rights
- The Service Provider shall grant the User, for the duration of the user contract, a non-exclusive, non-transferable, and non-sublicensable right of use the Membership Platform remotely in accordance with the intended purpose.
- If the User is a licensed teacher or educational institution, the Service Provider shall additionally grant the User the following rights of use beyond the rights set out in clause 5.1:
- The right to use the Membership Services as described in clause 2.6 for teaching purposes. This shall include the right to reproduce (particularly by printing) and distribute them in the course of teaching;
- The right to store and distribute the Membership Services in other media, provided this is done solely for teaching and preparing for teaching, and exclusively for providing access to students;
- The right to save and reproduce (particularly by printing) individual pages of the Membership Services for personal use and for use in the context of teaching;
- Any commercial use or dissemination to third parties outside the teaching context shall be prohibited. On request, teachers and educational institutions shall be obligated to provide proof of their licensing as a teacher or educational institution. If such proof is not provided within a reasonable time, the usage rights under clause 5.2 shall not apply to the User. Teachers and educational institutions shall inform students in an appropriate manner of the copyright protection of the Membership Services used,
- The User shall not be entitled to use the Membership Platform beyond the scope permitted by these GTC or to allow third parties to use it or to make it accessible to third parties. In particular, the User may not rent, lease, sell, sublicense, transfer, or otherwise make the Membership Platform or the rights thereto available to third parties, nor shall the User copy the Membership Platform or permit its copying, except as expressly permitted herein. Reverse engineering of the Membership Platform shall only be permitted to the extent legally required. Users shall not be deemed third parties within the meaning of this provision.
- Prices and Payment
- Membership Services shall be determined according to the information provided on the Membership Platform from which the registration/order is initiated. The Service Provider shall be entitled to adjust the prices at any time.
- Unless explicitly stated otherwise, the prices shall be gross prices and shall include taxes (e.g., VAT) at the applicable statutory rate.
- The User shall use the payment methods available at the time of ordering on the Membership Platform. The User shall have no entitlement to specific payment methods.
- If payments made by the User cannot be properly processed or fail (e.g., due to insufficient funds or incorrect bank details), the Service Provider reserves the right to assert any rights to which it is entitled.
- The Service Provider shall issue invoices exclusively in electronic form without a digital signature. The User shall agree to this model of invoicing.
- Statutory Defect Rights
The statutory defect rights shall apply to the Service Provider's services.
- Right of Withdrawal for Consumers
- Consumers shall have a fourteen-day right of withdrawal under the following provisions (the right of withdrawal is excluded for businesses):
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Easy Languages, Torstraße 85, Unit 80, 10119 Berlin, Germany, Email: billing@easy-languages.org) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached withdrawal form, but it is not mandatory. You may also fill out and submit the withdrawal form or the online contact form available on our website https://www.easy-languages.org/contact. If you make use of this option, we shall promptly send you a confirmation of receipt of such withdrawal (e.g., via email).
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and no later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this reimbursement, we shall use the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in no event shall you incur any fees as a result of this reimbursement.
If you requested that the performance of services should begin during the withdrawal period, you shall pay us an amount proportionate to the services provided up to the point you notified us of your withdrawal, in comparison to the total services covered by the contract.
End of Withdrawal Policy
- Expiry of the Right of Withdrawal
The right of withdrawal shall also expire in a contract for the provision of services if the Service Provider has fully performed the service and has begun performing the service only after the User has given their express consent and has simultaneously acknowledged that they lose their right of withdrawal upon full performance of the contract by the Service Provider.
The right of withdrawal shall also expire in a contract for the supply of digital content not supplied on a tangible medium the Service Provider has begun executing the contract after the User has given their express consent and simultaneously acknowledged that they lose their right of withdrawal with the commencement of the contract execution.
- Model Withdrawal Form
If the User wishes to withdraw from the contract, they may fill out this form and return it to:
Easy Languages
Torstraße 85
Unit 80
10119 Berlin
Germany
Email: billing@easy-languages.org
Hereby, I/we (*) withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Email address of the consumer
Signature of the consumer(s)
Date
(*) Delete as applicable
- Liability
- The Service Provider shall be liable to the User for damages caused with intent or by gross negligence by the Service Provider or its legal representatives or vicarious agents, without limitation.
- In cases of slight negligence, the Service Provider shall be liable without limitation in the event of injury to life, limb, or health. Otherwise, the Service Provider shall only be liable if a fundamental contractual obligation (cardinal obligation, “Kardinalpflicht”) has been violated. Cardinal obligations are such obligations where fulfillment enables the proper execution of the user contract in the first place, where breach of such jeopardizes the achievement of the contractual purpose, and wherethe contractual partner regularly relies on compliance with such obligations. In such cases, liability shall be limited to compensation for the foreseeable, typically occurring damage.
- Furthermore, where the Service Provider renders services to the User free of charge, the Service Provider's liability for all cases of slight negligence shall be excluded.
- Confidentiality and Data Protection
- The Service Provider shall treat the information made known to it during the provision of its contractual services, in particular the data entered into the Membership Platform, which may constitute business or trade secrets of the User, confidentially and shall neither pass on nor exploit it in any way.
- The Service Provider shall comply with the data protection laws applicable to it. The Service Provider’s data protection policy is available at any time at the following web address: https://www.easy-languages.org/membership/privacy.
- Term and Termination
- The user contract, as a framework agreement between the Service Provider and the User, shall be concluded for an indefinite period. Both parties may terminate the user contract with one day’s notice to the end of the following day. The right to extraordinary termination for cause shall remain unaffected.
- If the user contract is terminated during the term of Membership Services, this shall be considered a termination of the Membership Services at the next possible date. The User acknowledges that in such cases, they will no longer have access to ongoing Membership Services, and that the ongoing contract for Membership Services will continue even after the termination of the user contract and will not be paused. The User may create a new user account at any time under clause 3.2. To regain access to ongoing Membership Services, the User must, however, contact the Service Provider ( billing@easy-languages.org ).
- The contract for Membership Services shall be agreed upon with an initial term of either one (1) month or twelve (12) months and may be terminated with one month’s notice to the end of the minimum contract term. The contract shall automatically renew for an indefinite period unless the User terminates it in time. In the event of automatic renewal, both parties shall have the right to terminate the contract at any time with one month’s notice. The right to extraordinary termination for cause shall remain unaffected.
- In the case of automatic renewal, the User shall be entitled to a pro-rata refund for the Membership Services based on full months used if they have paid an annual price and terminate the contract before the end of a year.
- The data provided by the User and the user profile or user account created will be deleted by the Service Provider upon termination of the user contract, subject to any retention obligations. In the event of termination by the Service Provider, the User will have the opportunity to access and possibly export the data stored in the Membership Platform for at least two (2) weeks. If the Service Provider is legally entitled or required to retain data, they shall alternatively have the right to block the data; once the retention entitlement/obligation ceases to exist, the Service Provider will delete the data.
- Final Provisions
- German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The application of mandatory provisions of the jurisdiction at the User's place of residence shall remain unaffected.
- The place of performance for all mutual obligations under the user contract shall be Berlin.
- The EU Commission provides a platform for online dispute resolution (ODR), which gives consumers the opportunity to resolve disputes in connection with online orders out of court. The dispute resolution platform is accessible here: https://ec.europa.eu/consumers/odr/
- The Service Provider is not obliged and not prepared to participate in a dispute resolution procedure before a consumer arbitration board.
- The service "Membership Platform" and its entire content, in particular texts, photos, images, graphics, illustrations, and any software, as well as all trademarks, patents, utility models, operated by the Service Provider are all protected against unauthorized use by industrial property rights, in particular copyrights, name, and image rights, trademarks, existing patents, or utility models. Use shall require prior written approval from the Service Provider or, where the rights do not belong to the Service Provider, from the rights holder.
- Service Provider Information
Easy Languages
Torstraße 85
Unit 80
10119 Berlin
Germany
Email: billing@easy-languages.org
Website contact form: https://www.easy-languages.org/contact
- Saving Option and Access to the Contract Text; Contract Language
These GTC are available for viewing and downloading at https://www.easy-languages.org/membership/terms. The User can also download the GTC in PDF format free of charge from this URL.
The other contract information and data can be viewed in the User's account. Alternatively, the User may print or save the automatic order confirmation they receive after completing an order.
In case of doubts about the interpretation of provisions of these GTC, the understanding of terms and clauses under German law shall be authoritative.
Change History
2024-10-27: Initial publication of the Terms of Service.