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Terms and Conditions - T&Cs
INTRODUCTION
1. DEFINITIONS
2. ELIGIBILITY and REGISTRATION
3. SERVICES
4. PROFILE
5. BOOKING
6. PAYMENTS AND CANCELLATION POLICY
7. WARRANTIES
8. FEEDBACKS
9. CONTACTS
10. UNDERAGE
11. LEGAL COMPLIANCE
12. PRIVACY AND DATA PROTECTION
13. UNILATERAL CHANGES IN THE TERMS
14. OWNERSHIP
15. DISCLAIMER, LIABILITY and INDEMNITY
16. RESTRICTIVE COVENANT
17. FULL AGREEMENT
18. GOVERNING LAW
19. EXTERNAL LINKS
INTRODUCTION
Learn in a FLASH ltd uses an online platform in order to help School Houses, Organisations and Student Guests in arranging accommodation, lessons, work experiences and other services related to education and assists schools in arranging language full immersions and work experiences valid as Work placements in their country, such as, but not limited to, volunteering in the UK for Italian high school students enrolled at participating secondary junior schools.
Each public profile may be seen by the users on the website. These terms and conditions (“Terms”) constitute a legal agreement (“Agreement”) between the subscriber, Learn in a FLASH ltd and other parties involved by its users and clients.
By accessing the Website you accept the “Terms and Conditions” and you agree to be bound by the Terms, Conditions and Policies. If you do not agree, do not use the website and close the window.
1 DEFINITIONS
In this Agreement the following words and expressions shall have the following meanings, unless the context otherwise requires:
"Website":
this website and any other through which Learn in a FLASH ltd (registered company in the UK) provides the service;
"Learn in a FLASH ltd ", "Learn in a FLASH", "FLASH", “the Business”, “we”, “our” or “us”
refers to Learn in a Flash Ltd whose registered office is at 20-22 Wenlock Road N1 7GU London United Kingdom
"Service":
the business solution provided by Learn in a FLASH ltd of easing online bookings and assisting Users. Services could also refer to those associated services provided by School Houses members of the community listed on this website, fulfilment of each service is bound to each provider;
"User":
person or entity such as Workplace or Organisation, School House, Student Guest, Agent or others who register on the Website or uses it anonymously;
"Workplace" or "Organisation":
person(s) who registers on the Website, and obligates himself/herself to provide work tutoring in the form of unpaid work experience for high school students (Work Related Learning) or volunteering opportunities to our Student Guests; also referred to as: service provider or person listing; the same term may identify the place where the Student Guest works and the people who work in the same place who should be referred on the website for the services provided through it;
"School House", "Host" or "Host Family":
a person who registers on the website, and obligates himself/herself to provide high quality host family accommodation and language related services such as conversation time, CLIL activities, Work Related Learning activities, Accommodation, special diets, dedicated time, information, work opportunities or any combination of these services and, as the School house will choose, to our Student Guests and users; also referred to as: service provider or person listing;
"Student", "Guest" or "Student Guest":
a person who registers, for himself or his underage children, in order to get contact details of our users listing providing services and rwquiring our assistace, in connection to the basic scope of the website which is allowing users to improve their language skills, and others as a result of the way this website allows it to happen: enjoying and benefiting of the services;
"Agent":
a person who registers in order to, but not necessarily limited to, get a commission from paid bookings; agents get commissions which may vary according to the amount of work and income achieved. Please check our dedicated page "Work with Us".
“Client”, “you” or “your”
refers to the company, firm, body, agency, school, organisation, partnership, individual or person(s) they represent contracting Learn in a Flash Ltd to provide or make use of service(s) on its/their behalf or on behalf of the person(s) they represent.
"Account":
a Host or Guest account registered on the Site and secured with password and profile name; also referred to as "profile" or "user";
"Content":
any text, graphics, images, photographs, music, software, audio, video, information or other materials of whatever nature; all data, inserted by Organisations, School houses, Students guests or users, including but not limited to the descriptions in a profile, descriptions of the services provided and any related facilities, photographs including profile picture, reviews and feedback, video, maps, directions, address, information and contact details; all data provided by the Student guest including but not limited to descriptions provided by a Guest of itself,or any photograph he may have inserted;
"Intellectual property" rights:
all intellectual property rights, including patents, seals, trademarks, (including service marks, trade names and business names), design rights, copyright and related rights (including but not limited to rights in respect of software), internet designations, personal informations , moral rights and database rights, know-how, confidential information and trade secrets;
“Confidential information”
means information (in any form), which is confidential, disclosed in connection with the Services.
"Registration":
the process by which a new profile is created.
“Contract” or “Order”
means the contract for the supply of Services to the Client by the Business governed by the Terms and Conditions below.
“Terms and Conditions”
or T&Cs, are the standard terms and conditions of sale set out in this document which do not include any special terms and conditions agreed in writing between the Business and the Client in the Order. They apply to your use of the Services. Any breach shall entitle us to terminate or suspend the Services provided. We reserve the right to change or alter these Terms and Conditions.
2. ELIGIBILITY and REGISTRATION
Learn in a FLASH ltd will create your Personal Account and your booking list for your use of the Website based upon the personal information you have inserted.
You agree to provide current, truthful and complete information when registering your profile and to keep such information truthful, knowing that all parties involved will make reliance upon the information provided. You can access and update your contact information, password and personal preferences at any time by visiting your Account.
To register and create an account you have to insert some required information and follow the steps to complete your profile with all the information possible. The more information you insert, the more likely your listing will be chosen by Student Guests, vice versa for Student Guests to be accepted by persons listing when these have a choice of refusal in providing services listed.
Signing up as School house, you acknowledge that your profile, when registering, may be reviewed by Learn in a FLASH ltd before being published to the site. Learn in a FLASH ltd may modify your profile due to grammar, spelling or punctuation as pointed out by staff or website users (you may or may not be notified according to consistency of changes), Learn in a FLASH ltd will modify any other party upon user request at a cost specified for each change (eg. uploading photographs taken by us, agents or users, or information updates again provided by us, agents or users).
Learn in a FLASH ltd reserves the right to suspend or terminate your Account and your access to the Site, if any information provided during the registration process or thereafter proves to be against our policies, inaccurate, not current, incomplete, misleading or untruthful anyway.
You are responsible for your 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 Account.
You must be at least 18 years old to place an Order for the Services we provide.
3 SERVICES - For example: lessons, activities, accommodation
As a user listing services you are responsible for the collection and/or payment of any fees, dues and taxes, levies and charges, of whatever kind and wherever due, that may arise as a consequence of Bookings made. Learn in a FLASH ltd will be paid for registration and booking fees and the normal assitance needed for this, as well as any special assistance required to guarantee a safe and pleasant experience for you and your children.
As a User, you agree to hold harmless and indemnify Learn in a FLASH ltd and its officers, agents and employees, from and against any claim, liabilities, damages, losses and/or expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your failure to lawfully collect and/or discharge any fees, taxes, levies,or to fulfil your personal obligations.
You agree to uniform your conduct to these British Council - self_evaluation_welfare and be submitted to valuations and others present on the Website.
4 PROFILE
The users listing shall maintain their profile and schedule updated in order to make it simple and clear to the Student Guests and users when they can book.
The user is conscious that all the content inserted in the profile might also be available for Learn in a FLASH ltd. The user is responsible for the correct and reliable management of his profile, and for keeping the booking schedule availability correct. This includes immediately inserting any changes in availability in the calendar provided for your profile. All bookings and cancellations will show up automatically in your profile calendar but you must edit prices and periods in which your services are unavailable, for example when you go on holiday.
If a user listing decides to insert any further rule in respect of his offer, they must not contravene any of these terms and conditions.
5 “BOOKING” - Service request and unpaid work experience application
Every booking that is made through the Website is agreed between users: Learn in a FLASH ltd declines every further implication or reliance or responsibility in the relationship or agreements between users listing and Student Guests.
As a result of the booking, Learn in a FLASH ltd will provide both user listing and Student guest booking confirmation emails, and the necessary details and further documentation and assistance according to specific agreements with agents and clients.
As result of the booking, Learn in a FLASH ltd will provide both user listing and Student guest booking confirmation emails, and the necessary details.
The users listing are personally responsible for the accuracy of the information provided in the profile and of the quality of the services offered, and for honouring the booking terms and conditions. In no case Learn in a FLASH ltd shall bear responsibility for misunderstanding or untrue information provided or exchanged in any way among the users.
In case of Booking cancellations by users Learn in a FLASH ltd declines all responsibilities, see conditions specified by users listing and agencies working using this site.
For clarity reasons, every day will be considered as starting at 00.01 and finishing at 24.00 in the meridian time zone of the users listing. Any time should be specified with its meridian value, for example 10.00am GMT for the UK, 11.00am GMT+1 for Italy and so on will represent the same time on-line. Further communications among users will be in the local language, the language of the Country where the user listing provided the service.
6 PAYMENTS AND CANCELLATION POLICY
There may be a registration fee to the Website, this is non-refundable. The enrolment fee agreed in the Order will be paid to make use of the services, initially to send requests to Organisations offering Work experience and to School Houses. Upon acceptance of a request by a School House, the agreed amount in the Order will be payable. The Business may request the payment of payable amounts and this must be made within the time period indicate din the order or email.
The Student Guests will pay the balance of any payment due, including any optional services requested directly to the School House, directly to the users listing according to direct agreements with agents or as specified by the School Houses on the Website, if not specified this must be paid within the first Friday of stay.
Method of payment: All payments due to the Business shall be made by way of bank transfer or card payment online. We will forward you the relevant bank account details in the Order.
Failure of timely payment: If the payment of any sum becomes overdue, interest will accrue at a rate of 10% per annum on the unpaid portion of the bill and handling fees may apply.
NOTE: The Business does not guarantee the continued availability of a School House in the event that payments are not made when due.
Cancellation Policy:
If the Client has to cancel the booking, you should do so by contacting the Business in writing at the earliest opportunity as cancellation fees will apply as set out hereunder.
- The enrollment fee is non-refundable.
If, having paid the balance of our fees, the Client has to cancel the booking, the following refund of the balance of the fees paid will apply:
- 1 months prior to arrival date: 100% refund, unless both work experience and School House were assigned, in which case £120 will not be refunded;
- less than 1 month prior to arrival date: 0% refund
You will be refunded fees as set out above by bank transfer to your nominated bank account.
Student Guests may request a change of School House in any moment, they will be assigned to a new School House and any payment made to the previous School House must be forwarded to the new one fulfilling the contract.
7 WARRANTIES
Accepting the Terms and Conditions, that is using the website, you grant Learn in a FLASH ltd a non revocable, non transferable, non exclusive, perpetual licence, granting Learn in a FLASH ltd to modify, use, copy, adapt, view, stream, broadcast, access, or exploit non confidential profile and booking information in any way as it pleases.
Learn in a FLASH ltd does not claim the proprietary rights on this content, and will not strive to prejudicate or prevent you from exercising any right you may have on using and exploiting content you publish.
By accepting, you warrant that you are the sole proprietary of the inserted informations, or, that you have the right to modify, use, copy, adapt, sell, transfer, donate, view, stream, broadcast, access, or exploit necessaries to grant Learn in a FLASH ltd the licence, as stated in these Terms and Conditions.
You warrant that any use of this information will not break, harm, void, violate the rights of third parties.
Learn in a FLASH ltd reserves the right, at any time and without any prior notice, to revoke the access to any Profile for any reason. In case of violation of these Terms and Conditions or otherwise harmful behaviour to the Site or the ltd you will be deemed in breach of contract.
8 FEEDBACKS
All users, including users listing and the Student Guests accept the feedback policy.
When providing a service you accept to be evaluated and rated by the persons that have enjoyed the service.
The ratings are necessary for offering a fresh and better experience.
After bad feedback you may be banned and your profile cancelled, if Learn in a FLASH ltd consider it opportune.
9 CONTACTS
Once Student guests have sent a booking request, they will be free to contact the user listing such service and vice versa. When getting in contact with School houses or Student Guests you are prohibited from posting or transmitting using a language. that is threatening, sexist, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience, and keeping in mind that if something you have said is or encourages criminal offence, or in any case against the law, or that constitutes any kind of commercial to third parties, or is made with the mere purpose of harming ( i.e. trojan horse, viruses, worms, etc) you ( the proprietary of the account ) may be held personally liable.
You must not share any personal details, for example but not limited to: contact details, addresses or any information which may allow to identify you or find you elsewhere in the internet-
You may not misuse the message section in a different way and for any different purpose from the one for which it has been created.
Personal details will be shared upon acceptance and for the proper functioning of the website and services
10 UNDERAGE
The Site and Services are intended solely for persons booking who are 18 years or older. Parents and Legal Guardians may allow any under 18 under their responsibility to use the services, and, agreeing to these Terms and Conditions, the Student Guests, or Legal Guardian and Parents, guarantee, declare and warrant that all the information in the Profile is true. Any access to or use of the Site or Services by anyone under 18 years of age without the consent of Parents or the Legal Guardian is prohibited. As School house, if the person that arrives to benefit your services is a different person from the Student Guest that has booked with you, you are not compelled to fulfil any obligation you might have agreed on with the real Student Guest.
11 LEGAL COMPLIANCE
You agree that you shall follow the Terms and Conditions, and use the Site under the compliance of Intellectual Property Rights, data protection as well as privacy laws.
As School house, you guarantee that you are entitled by the law to offer your services to another person, under these Terms and any other you may agree upon directly.
As a Host, you guarantee that nobody in your School house has been convicted of any offence, or has been made the subject of any similar or analogous proceedings, which would render the services by you illegal, or would render anyone in the School house or Workplace not adapt to work or stay with any Student Guest.
12 PRIVACY AND DATA PROTECTION
The Client hereby acknowledges that by Using the Website, Registering or entering into the Contract with the Business that the Client is giving us permission to hold information in our records including sensitive data.
When you engage our Services you are allowing us to keep your contact details. However, when the Services are concluded, if you require us to delete your contact details, we will do so, at your request.
The Client hereby agrees that the Business is not responsible for any loss of, or corruption of, information held by the Business by any off-site electronic storage service that we use. We will try to make sure that the company we use is reputable.
Please also refer to our public privacy policy statement
13 UNILATERAL CHANGES IN THE TERMS
Learn in a FLASH ltd possess the legal right to modify and amend the Website, the Services and these Terms and Conditions by adding, changing, or removing any part without prior notice. In case of unilateral Terms modifications we will post the changes on the Website or notice it to you by sending an e-mail to your account. Accessing or using the Website or your profile after we have modified the Terms and Conditions or any part of the Website you agree to be bound to the modified Terms.
14 OWNERSHIP
All Intellectual Property Rights in the Website, the Services and Website Content not posted by users are the exclusive property of Learn in a FLASH ltd. You will not discharge, copy, modify or obscure any Intellectual Property Rights incorporated in the Site, the Services or Website Content.
Any information which may allow to clearly identify you will be disclosed to third parties for the purpose of the Website. All the material transmitted to or through the Website by its users will be considered non confidential and nonproprietary. The Company shall be free of obligation with respect to its commercial and noncommercial uses.
Lean in a FLASH ltd grant you the right to a non exclusive, non transferable licence to access and use the Website which shall be revoked if you fail to comply with Terms, Conditions, Policy and netiquette.
Users may use material on the Website, if unmodified and together with the text corresponding to it together with the permission notice of this Website, with the Company's prior written consent.You may link to our Website and embed it if in full and without any possible diffamatory or damaging effect.
Unauthorised access to any part of the Website and its network and systems, furthermore to its services and Users, is prohibited.
You may not reverse look up information and material on the Website to identify places and persons involved nor store, publish or exploit any of such if not for the use of the Website itself.
Any rights or licences may not be assigned or transferred by a user but only by Learn in a FLASH ltd.
15. DISCLAIMER, LIABILITY AND INDEMNITY
This clause sets up the liability of Learn in a FLASH ltd and the persons offering services hereafter.
The website, with all its content and services are offered by Learn in a FLASH ltd, which guarantee no implied warranty of any kind. Learn in a FLASH ltd guarantees no warranty about the quality of any service, and the truthfulness, completeness of information sent to or through the website, or about timing arranged using this website. Learn in a FLASH ltd does not guarantee for the accuracy of any information published on this website, and, by using this website, you are conscious that all the booking details, and any other possible information present in the website might include inaccuracies, mistranslations and / or typographical errors. By checking references, the Business tries to ensure the suitability of the School Houses presented to the Client and to maintain a high level of service and honesty. However, we make no representations or warranties, expressed or implied, as to the ultimate suitability of any host. Ultimately, the decision to use the accommodation and services provided by the School House is the Client's. The Client hereby acknowledges that we place full trust on the declarations of both Clients and Hosts. All the bookings that are made, and all the agreements that come with them, directly by users listing and the Student guest and not with Learn in FLASH ltd. Neither Learn in a FLASH ltd nor other parties, or members or affiliates or employee of the LTD, shall be liable and/or responsible for any damage (including punitive, direct, indirect, consequential loss or any kind of loss) or breach or any that may occur to users listing, Student Guest or any third party.
Learn in a FLASH ltd discharges all the responsibilities in case of false or incorrect information and material transmitted to and through the Website by Users, including the feedback system.
The purpose of this website is to put in contact different persons, and help them learning and teaching a new language and other skills through this, in a different way, Therefore any agreement the users listing and the Student Guest might reach shall not refer in any way to Learn in a FLASH ltd, which disclaims all liability in this regard. In the unlikely event that the Client encounters difficulties with the behaviour of the Host Family members and guests or the accommodation provided fails to meet reasonable standards, whilst not accepting any liability in relation to the same, we will provide the Client with suitable alternative accommodation with another School House.
Learn in a FLASH ltd will not be liable in case and for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services or for any damages arising out of or in connection with the use of the Website, for example, but not limited to, the case of downloading a virus or being hacked; neither will be any party which have anyhow helped creating or delivering this Website for any use or misuse of the Website and all its contents,whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, whether or not Learn in a FLASH ltd could be or has been informed of the possibility or existence of such. We are not responsible for the behaviour of the Host and other people the person(s) you represent may encounter, nor do we accept responsibility for any loss, theft, damage or injury suffered by the Client or the Client’s property whilst in the care of the Host Family
Learn in a FLASH ltd uses a third party payment gateway and makes all reasonable efforts to ensure that all the transactions via credit, debit and prepaid card are safe.
If any unauthorised charges are appointed on your bank account for any transaction or card details disclosing Learn in a FLASH ltd shall not be liable or responsible for any damage or loss you could have suffered. You are asking your bank to pay us, we are not asking for any information which could cause such events.
Learn in a FLASH ltd also discharges any responsibility in respect to booking cancellations, in which it has no power or control.
You agree to keep Learn in a FLASH ltd and its affiliates, officers, agents, employees and subsidiaries from any liability and claim whatsoever, including damages, losses, legal and accounting fees that might arise due to any booking claim.
Learn in a FLASH ltd will do its best to ensure the services it provides are available 24 hours a day, it shall be not liable if for any time or period it may not be available as Users will retain the information necessary to complete services offered and requested for the time necessary. The Website may be suspended without notice for maintenance and repair, in case of failure or any other case.
You agree to defend, indemnify, and hold harmless the Business, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from the services offered by School Houses or the carrying out of tasks, duties and volunteering offered by the organisations providing work experiences or your breach of these Terms and Conditions. We shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim suit or proceeding.
The Business will be relieved of all liability in respect of obligations owed to the Client which we cannot fulfil for reasons beyond our control.
16 RESTRICTIVE COVENANT
The Client hereby undertakes and agrees that the Client will not, without the prior written consent of the Business:
- Directly or indirectly in any capacity either on his/her/its own behalf or in conjunction with or on behalf of any person, firm, company, business, concern or enterprise contact any School House or Organisation in order to avail of services, to include accommodation services, which would otherwise be, in whole or in part, the services provided by the Business;
- directly or indirectly in any capacity either on his/her/its own behalf or in conjunction with or on behalf of any other person, firm, company, business, concern or enterprise whatsoever;
(a) canvass, solicit, approach or entice or endeavour to canvass, solicit, approach or entice away any School House or Organisation from continuing to provide services and opportunities via the Business in order to engage the School House or Organisation to provide services and opportunities directly or indirectly to the Client;
(b) interfere or seek to interfere or to take steps as may interfere with the continuance of the Services offered by the Business through any School House or Organisation.
In the event that any one of the restrictions set out in paragraphs (a) or (b) above is held to be unreasonable by reason of the area, duration or type or scope of the service covered by such covenant then effect will be given to such restriction in such reduced form as may be decided by any court of competent jurisdiction.
17 FULL AGREEMENT
These Terms constitute the entire and exclusive understanding and contract between Learn in a FLASH ltd and you, about the website and its use, its rules, netiquette and policy, abrogating all prior understanding or offers that you might have had with Learn in a FLASH ltd which do not clearly refer to these with a date showing such were made in a later moment. These Terms are legally binding, and may not be in contrast with any different agreement or offer you might have had with other parties using the services provided by Learn in a FLASH ltd.
Any rules, regulations and requirements specified in the Website will count as further Terms and Conditions.
This Agreement may be terminated by Learn in a FLASH ltd if you breach the Terms and Conditions, if your rate of bad feedback is too high, or if you make an inappropriate use of your profile or by choice of our representatives.
In case of termination Learn in a FLASH ltd shall notify you via e-mail without any liability to pay any form of compensation due to the occurred termination. The Users may simply delete their Profile bearing in mind any liability for agreements made to that point in time.
Related to the Termination, any licence you have been elected to will automatically be revoked.
Any problem should be solved directly, Learn in a FLASH ltd can help as a kind of arbitrator. In our terms and conditions all users agree to our disclaimer (schools houses and clients provide information generally unverified by us), yet we care and will help out and suggest a solution upon paid request.
18 GOVERNING LAW
The use of the Website is subject to existing laws.
These Terms are governed by the laws of England and Wales, and any dispute or claim arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.
If any term or provision of this Agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
19 EXTERNAL LINKS
Links to other Websites or software are provided for your convenience. The Company does not verify the content and functioning and therefore cannot guarantee them.