Terms of Service
Welcome to EnglishLeap (also referred to in this document as the “Site”, the “App”, and “EnglishLeap.com”), an online community for English learning. The Site and mobile application(App) are owned and operated by Leap Learning Solutions Private Limited (also referred to as “owner”, “us” and/or “licensor”), a limited liability company registered under the Laws of the Republic of India, and headquartered in New Delhi, India.
ACCEPTANCE OF TERMS
EnglishLeap.com and/or the EnglishLeap mobile application provide their service (the “Service”) to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
By accessing or using the Site (or any related mobile applications provided by us), you (the "User") signify that you have read, understand and agree to be bound by these TOS, whether or not you are a registered member of EnglishLeap. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new TOS. If you do not agree to abide by these or any future TOS, do not use or access (or continue to use or access) the Service, the Site and/or the App. It is your responsibility to regularly check the Site and/or the mobile application to determine if there have been changes to these TOS and to review such changes.
DESCRIPTION OF SERVICE
The Service is web-based as well as mobile application(s) driven and allows users that register for an account on the Service (a "Registered User") to create and update an online profile on the Site and the App. Once registered with the Service, each Registered User has access to various English improvement activities including reading, writing, listening and speaking exercises. Each Profile has limited disk space. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new tools and resources, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that you use this Site and App at your own risk. EnglishLeap assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Nor are we responsible for the malfunction of the internet connection or the computer/ device you are using.
The basic version of both EnglishLeap and the mobile application can be used completely free. However, you have the possibility of subscribing to a paid membership in order to get access to additional learning functionalities and courses. The price for this membership is mentioned in the Course page of the website (or in the relevant links in the case of the mobile application) and is subject to change without prior notice.
Our products are offered as 'try-before-you-buy'. The website and mobile application(s) contain lessons, conversations for roleplay, and writing exercises together with other features which are open and free of charge. The locked sections contain more or expanded lessons, writing exercises, conversations, and other features. You should try these before you proceed here and actually make a purchase. If you proceed here you accept our purchase terms and EnglishLeap does not refund your money if you are not satisfied with our products. Further, it is your responsibility to ensure that the details that you provide while subscribing to our Service(which includes paid services) are accurate. Any error on your part in the activation or extension of paid services on account of incorrect entry of registration details, credit card, debit card, or bank account numbers, details of payment wallets and other payment instruments, will solely be your responsibility. No request for a refund shall be entertained by EnglishLeap in such circumstances.
ENGLISHLEAP'S PROPRIETARY RIGHTS
You acknowledge and agree that the learning content, service and any necessary software used in connection with the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by EnglishLeap or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Additionally, you understand that you may have to agree to additional terms and conditions before you use such Software or third party Content.
In order to use the Service, you must have a valid EnglishLeap username. To be a Registered User and to have your own Profile, you must provide EnglishLeap with your name, a valid email address and other information ("Registration Data"). As a Registered User, you will choose a password and a username for your Profile during the Service's registration process.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Each account must be used individually and is not transferable. You agree to:
- use your account individually and not share it with others,
- immediately notify EnglishLeap in writing of any unauthorized use of your password or account or any other breach of security, and
- ensure that you log out of your account at the end of each session(applicable only to the Site).
EnglishLeap cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
In using the Service, you also agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or EnglishLeap.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EnglishLeap.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
All information, voice recording, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. EnglishLeap is entirely not responsible for all Content that the Registered Users upload, post, email, transmit or otherwise make available via the Service. EnglishLeap does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will EnglishLeap.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge that EnglishLeap does not monitor the Content, but that EnglishLeap shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service that violates the TOS or is otherwise objectionable in EnglishLeap’s sole discretion.
EnglishLeap does not claim ownership of the Content you place on your Profile. By submitting Content to EnglishLeap for inclusion on your Profile, you grant EnglishLeap a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting EnglishLeap. This license exists only for as long as you continue to be an EnglishLeap user and shall be terminated at the time your Profile is terminated. However, you acknowledge that some Content (like audio recordings, comments, posts or messages) not included directly in your Profile, could remain after the termination of your Profile. You agree to grant EnglishLeap and our affiliates and related entities an exclusive, worldwide, perpetual royalty-free right to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User-Generated Content, in any form, format, or medium, of any kind now known or later developed, including audio recordings and responses to questions in exercises, and other such User-Generated data for the purposes of social learning and assessment activities targeted at you and other users as long as such content doesn’t personally identify you. You also agree that such license shall continue even after the termination of your use of the Service. You waive any moral rights you might have with respect to any User-Generated Content you provide to us. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
You agree to use the Service in a diligent, proper and lawful manner and to abstain from any intentional or unintentional violation of any applicable local, state, national or international law or any rights (trademark, trade secret, copyright or other proprietary rights). Particularly, you agree to not use the Service to:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, an EnglishLeap.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Use the Service as a forwarding service to another website
- Forge headers or otherwise manipulate any content transmitted through the Service in order to disguise its origin;
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available 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;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- "Stalk" or otherwise harass any other users;
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above; and/or
- Promote other sites or services which are not related with the Service offered by EnglishLeap.com.
If any user is reported to be in violation with the letter or spirit of these terms, EnglishLeap.com retains the right to terminate such account at any time without further warning.
You acknowledge and agree that EnglishLeap.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of EnglishLeap.com, its users and the public.
THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEB SITES
The Site may contain third-party owned content and links to other websites (“Linked Sites”). EnglishLeap.com does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of EnglishLeap.com, and EnglishLeap.com is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. EnglishLeap.com may provide third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by EnglishLeap.com in favour of any third party. You further acknowledge and agree that EnglishLeap.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that EnglishLeap.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
You understand and agree that the Service may include advertisements and that these advertisements are necessary for EnglishLeap.com to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that EnglishLeap.com has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by EnglishLeap.com on your Profile are subject to change at EnglishLeap.com’s discretion.
RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of EnglishLeap.com.
You agree to indemnify and hold EnglishLeap.com, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another user, person, or entity whether you are a registered user or not.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that EnglishLeap.com may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time without notice to you. You agree that EnglishLeap.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that EnglishLeap.com reserves the right to delete accounts that are inactive for a period of more than 6 months.
EnglishLeap.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EnglishLeap.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ABUSE AND FRAUDULENT PRACTICES
Englishleap.com and the App are not chat applications: you are required to adhere to the given script while practising conversations and engaging in activities in the website and the app. You are prohibited from using any language other than English and it is mandatory for you to adhere to the written script provided for the conversation that you practice. You should not ask for or divulge private and sensitive information that personally identifies you or other users on the application which includes but is not limited to phone numbers, email and postal addresses, and family or employment-related details. EnglishLeap prohibits and does not tolerate sexual abuse or misconduct towards any of its users by anyone. Any user engaging in unwelcome and inappropriate sexual activities, advances, comments, innuendoes, bullying, jokes that are harmless or otherwise, gestures, electronic communications or messages, exploitation, passing lewd and sexually suggestive remarks, stalking or any invasion of sexual privacy will be banned from the application and his or her subscription fee will be forfeited. Repeated offence will be sufficient grounds for the offender to be reported to the relevant law enforcement agencies, apart from being permanently banned from the application. EnglishLeap, at its discretion, reserves the right to temporarily or permanently ban any user that engages in any activity that threatens the physical or online safety of other users and the reputation of the application without refunding any payment that the user having committed such an offence has made. Remember, as a Registered User, that even if you speak anonymously, our Service will still have an audio record of your conversation even if we keep such a record private.
You are prohibited from using any fraudulent means that interferes with the processing of your payment for access to premium features. You may not employ any means, technical or otherwise, to continue access to paid features of the application beyond the expiry of your subscription of such features without renewing your subscription. Any such attempt to illegally extend the period of usage of paid services without payment for such usage will result in the user being banned from the application, and will be considered sufficient grounds for reporting to the relevant law enforcement agencies if reasonably reliable evidence to the effect is found by EnglishLeap. We may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, EnglishLeap, or others.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
EnglishLeap expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
EnglishLeap does not assume any responsibility for any improvement of your language learning.
EnglishLeap is not responsible for any damage, direct or indirect loss of data, or other harm to business arising out of delays, mis-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the Service, or other interaction with the Service.
EnglishLeap is not responsible for any material downloaded or otherwise obtained through the use of the Service, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You expressly understand and agree that EnglishLeap.com shall not 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 EnglishLeap.com has been advised of the possibility of such damages), resulting from any matter relating to the Service.
In the event that you have a dispute with another user related to, arising from, or any way connected with use of the Site, you release EnglishLeap.com from claims, demands and damages of every kind and nature arising out of or in any way connected with such dispute.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, EnglishLeap’s liability in such jurisdictions shall be limited always to the extent permitted by law.
Non-Transferability: you agree that your EnglishLeap account is non-transferable.
Applicable legislation and jurisdiction: the TOS and the relationship between you and EnglishLeap shall be governed by the laws of India without regard to its conflict of law provisions. You and EnglishLeap agree to submit to the personal and exclusive jurisdiction of the courts located within the city of New Delhi, India.
Waiver and Severability of Terms: the failure of EnglishLeap to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Please contact us for any questions that you might have or report any violations of the TOS by writing to us at firstname.lastname@example.org