Terms and conditions for purchase of goods and services
By purchasing or ordering the Goods and/or Services, you agree to be bound by the terms and conditions set out below. Before placing your order, if you have any questions relating to these Conditions please contact us via our website.
“ELL” means English Language Learning (also known as ‘EnglishLL’) a trading name of Solvous Limited, a company registered in England;
“Conditions” means these terms and conditions;
“Goods” means any goods you purchase under these Conditions;
“Services” mean any Services you purchase under these Conditions;
“Subscription Services” means Services to which you subscribe on an ongoing basis;
“Manufacturer/Partner/Supplier” means a third party provider of Services with whom ELL has a commercial agreement for the provision of Services to you.
“Personal Information” means the details provided by you to us;
“Us/our/we” means English Language Learning (also known as ‘EnglishLL’) a trading name of Solvous Limited, a company registered in England;
“Website” means either one of the websites located at www.englishll.com or any other URL which may replace it; and
“You/Your” means the person ordering or otherwise purchasing the Goods or Services.
- Rights and Obligations
1.1. You undertake:
1.1.1. to pay any amounts due to us in a timely manner;
1.1.2. that the Personal Information you provide is true, accurate, current and complete in all respects;
1.1.3. to notify us immediately of any changes to the Personal Information via our website; and
1.1.4. not to impersonate any other person or entity or to use a false name.
1.2. We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Goods or Services available. We also reserve the right to change or add to these Conditions from time to time.
1.3. Unless you have placed an order for any Goods or Services by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
1.4. From time to time we may also have to make changes in the specification of any Good or Service:
1.4.1. to make it conform with any applicable safety or other statutory requirements; or
1.4.2. to make it reflect changes in the Manufacturer/Partner/Supplier’s specification, but we will endeavour to ensure that such changes do not reduce the quality or performance of such a Good and/or Service. Where you have placed an order for the affected Good and/or Service and such changes are substantial, we will notify you in advance to ensure that you still wish to proceed with any order that you have placed.
1.5. Goods and Services:
1.5.1. You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods or Services, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
1.5.2. We shall not withdraw or modify to your substantial detriment any of the Goods or Services for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control.
1.5.3. The purchase of software products is subject to your acceptance of the terms of any end user and/or licensing agreement(s) relating to such software.
1.5.4. We are under a legal duty to supply Goods that are in conformity with these Conditions.
1.6. Subscription Services only: we do not provide subscription Services.
1.7. Estimated time frames for delivery of Goods or completion of Services are estimates only and delays may arise due to matters outside of our reasonable control.
1.8. Goods may be subject to EU and US export control laws and laws of the country where they are delivered or used. Under these laws, such Goods may not be sold, leased or transferred to restricted end-users (including to nationals of Cuba, Iran, North Korea, Sudan, and/or Syria) or countries or for restricted end-uses. If Goods are supplied to you subject to any such Export Laws, such supply is subject to you not falling into any such restricted categories.
2.1. Goods and Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us. Services are only available to individuals who are 16 years old or over and by ordering or otherwise purchasing such Services, you confirm that you are 16 years old or over.
2.2. When requested by us, you must provide your name, phone number, address, payment details and other requested information.
2.3. Each order placed by you will be treated as an offer to purchase the Goods and/or Services to which your order relates. The contract will only be completed when we dispatch the Goods/commence the provision of the Services (as applicable) or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier.
2.4. You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.
2.5. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will attempt to contact you. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods or Services for profit.
3. Price and Payment
3.1. The price of the Goods or Services (if any) shall be the price of which we inform you prior to accepting your order. Prices include at the appropriate rates unless stated otherwise.
3.2. If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, we may, where you have ordered Goods or Services, cancel this agreement.
3.3. You confirm that any payment method you use is yours.
3.4. Payment methods are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by failure of such checks or authorisation.
3.5. Once your Goods have been collected and/or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you.
3.6. Irrespective of your receipt of the Goods, the passing of risk or any other provision of these conditions, ownership shall not pass to you until we have payment in full for the Goods.
3.7. Until such time as the ownership passes to you, you shall hold the Goods on our behalf and keep them safe and identified as our property, and we shall be entitled to ask you to return the Goods to us.
4. Cancellation, Returns and Exchanges
4.1. Without prejudice to our rights under Clause 1 above, if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions by giving the other party 7 days’ written notice.
4.2. In certain situations, we may be prepared to give you a refund or exchange for Goods if you change your mind (see Clause 4.4).
4.3. Subscription Services only: we do not provide Subscription Services.
4.4. Goods and/or Services ordered online
4.4.1. Consumers ordering Goods or Services at a distance (such as online) have certain cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
4.4.2. You may cancel any order for Services any time within fourteen calendar days from the commencement of the contract for such Services. However, you may not cancel once we, or any of our Partners/Suppliers, have started providing any part of such Services to you with your agreement and/or through your actions (for example, if you register online for a Service to begin).
4.4.6. You may cancel your order by contacting us via our website. Any cancellation notice must be given before the end of the fourteen calendar days period referred to above.5. Your Personal Information
5.1. We need to collect certain Personal Information to provide you with the Goods and/or Services.
5.3. If you would like us to tell you what information we hold about you please email us via our website. We may charge a £10.00 administration fee.
6. Limitation of Liability
6.1. We will not be liable for any loss or damage caused by us in circumstances where:
6.1.1. there is no breach of a legal duty of care owed to you by us; and/or
6.1.2. such loss or damage is not reasonably foreseeable.
6.2. We will not be liable any loss or damage caused wholly or mainly by your breach of these Conditions.
6.3. Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.
6.4. Nothing in these Conditions shall:
6.4.1. exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
6.4.2. Limit your rights as a consumer under applicable UK law.
6.5. All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
6.6. The Goods, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods. This is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to the legally required standard.
6.7. Each provision of this Clause 6 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
7.1. Events Beyond the Parties’ Reasonable Control: If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
7.2. Third Parties: Nobody but you and us can benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999.
7.3. Assignment: You may not but we may, assign, charge or otherwise dispose of our rights under these Conditions. Any attempt by you to do so shall be void.
7.4. Governing Law: These Conditions will be governed by English Law and if you are not happy with how we deal with any disagreement and want to take bring court proceedings, you must do so within the UK.
7.5. Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
8. Handling Complaints and Sending Notices
8.1. If you wish to make a complaint you may do so in the following way:
8.1.3. online, by contacting us via our website
8.2. Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.
9.1 English Language Learning are committed to protecting and respecting your privacy. This summary sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. We may collect and process the following data about you:
9.1.1 Information that you provide to us in your dealings with us. This includes information provided at the time of registering to use our site, purchasing, ordering or subscribing to our services or requesting further services and/or information from us. We may also ask you for information when you enter a competition or promotion sponsored by us, and when you report a problem with our site.
9.1.2 If you contact us, we may keep a record of that correspondence.
9.1.3 Details of transactions you carry out through our site and of the fulfilment of your orders.
9.1.4 Details we receive from credit reference and fraud detection agencies.
9.1.5Details of your visits to our site including, but not limited to, traffic data, location data and the resources that you access.
9.2 IP addresses: We may collect information about your computer, including where relevant your IP address, operating system and browser type. This data is processed for the purposes of fraud prevention, for various administrative purposes and may also be used by us to promote certain offers and advertisements according to your general location.
9.3 Cookies: For the same reason, we may obtain information about your general internet usage by using a cookie which is stored on your browser or the hard drive of your computer. Cookies are text files which contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. Some of the cookies we use are essential for the site to operate, whereas others are aimed at enhancing and personalising your user experience.
9.3.1 The information gathered by cookies on our site(s) may be used in the following ways: To tailor advertisements or promotions you receive. We may also personalise our service based on the type of computer system you use, together with the purchase pattern of other customers who may have looked at similar products to you. We may also provide you with advertisements which may be customised using information such as the search terms you use on our site. For example, if you searched for a specific product or accessed our site via a specific banner ad or search word, we may present you with content and/or offers linked to that banner ad or searchword. We may use navigational information about where you go on our site to better understand how our site is used and to ensure that the product offerings that are presented to you are relevant. We do not use any data about where you go, or present you with advertisements outside of our site other than on sites which provide for such use in their respective privacy policies. We may collect information on how frequently you visit the site and the type of products and/or services that you view to enable us to measure the popularity of our sites and our product offerings.
9.3.2 Types of Cookie:
184.108.40.206 Strictly Necessary Cookies: These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website, remembering how far you are through your pay as you go order, making sure that our website looks consistent or remembering what’s in your basket. Without these cookies, many of the basic functionalities of our website – such as filling in your shopping basket – we could not provide.
220.127.116.11Performance Cookies: These cookies collect information about how visitors use our website, for instance which pages visitors go to most often, and the pages that they don’t. This understanding enables ELL to continually improve the experience we deliver to you so that the site is easy to use and includes content that you find helpful. These cookies don’t collect information that identifies a visitor – so we can’t identify you individually. All the information these cookies collect is aggregated and therefore anonymous. This information is only used to improve how our website works.
18.104.22.168 Functionality Cookies: These cookies allow the website to remember the choices you make as you browse the site. They provide more enhanced and personal features. The information they collect is anonymised and the usage only relates to our website. They cannot track your browsing activity on other websites once you’ve departed our website.
22.214.171.124 Advertising or Targeting Cookies: These cookies are used to deliver adverts more relevant to you, and your interests (assumed by analysing your onsite browsing behaviour). They can also provide caps on the number of times you might see an advert. These cookies remember that you have visited our website, track what products you may have looked at and this information may be shared with our advertising partners. If you see an advert from ELL, once you have left our site and are browsing other sites on the internet, that seems to understand what previously interested you, then this is enabled by targeting cookies.
9.5 Where we store your personal data: The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by employees operating outside the EEA who work for us or for our suppliers. Such employees maybe engaged in, among other things, the processing of your payment details and the provision of support services. Here we will ensure that we have the necessary contracts and other mechanisms in place to make sure your data continues to be treated in accordance with our legal requirements. By submitting your personal data, you agree to this transfer, storing or processing.
9.6 All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
9.7 Uses made of the information: We use information held about you in the following ways:
9.7.1 to provide you with goods and/or services that you have ordered
9.7.2 to prevent and detect fraud, crime and money laundering
9.7.3 to check your identity
9.7.4 to trace and recover debts
9.7.5 for credit and credit related services and to manage your accounts
9.7.6 to update our records about you
9.7.7 to make credit, fraud and identity checks on you (when applicable)
9.7.8 ELL may use your Personal Information for research and statistical analysis to develop and improve our products and services.
9.8 You will also have the opportunity to consent to us contacting you by email from time to time occasionally about products and services which ELL believes may be of interest to you. If you are an existing customer, we may also contact you by electronic means (e-mail) with information about goods and services similar to those which were the subject of a previous sale to you. If you do not want us to use your data in this way please email us via our website. Please note that it may take up to 28 days for such changes to take effect.
10.1 This website is the property of English Language Learning. Your use of our website is subject to this legal notice. By using this website, you are accepting the practices described in this statement.
10.2 Intellectual Property Rights: All materials on our website are the copyright of English Language Learning or are reproduced with permission from other copyright owners. All rights are reserved. No materials may otherwise be copied, modified, published, broadcast or otherwise distributed without prior written permission. Oxford University Press, Oxford and My Oxford English are either trademarks or registered trademarks of Oxford University Press.
10.3 Disclaimer: English Language Learning makes no warranties or representations of any kind concerning the accuracy or suitability of the information contained on the website for any purpose. All such information is provided “as is” and with specific disclaimer of any warranties of merchantability, fitness for purpose, title and/or non-infringement. In no event shall English Language Learning, its employees or agents be liable for any direct, indirect or consequential damages, loss of opportunity, loss of data, loss of goodwill, loss of anticipated savings or loss of profits resulting from the use of the website even if English Language Learning has been advised of such loss. The exclusions set out in this legal notice only apply to the extent permitted by law.
10.4 Links: Links to other websites are provided by English Language Learning in good faith and for information only. English Language Learning disclaims any responsibility for the materials contained in any website linked to our website. In addition, a link to a non- English Language Learning website does not mean that English Language Learning endorses or accepts any responsibility for the content, or the use, of such website or the products and/or services offered on such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans and other items of a destructive nature.
10.5 Service Access: While we endeavour to ensure that our website is normally available 24 hours a day, we shall not be liable if for any reason our website is unavailable at any time or for any period. Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
10.6 Global Nature of Websites: You recognise the global nature of our website and you agree to comply with all applicable local laws in your jurisdiction when using our website. Information we publish on our website may contain references or cross-references to services and/or products offered that are not announced or available in your country. Such references do not imply that we intend to announce or make available such services and/or products in your country.
10.7 Governing Law: You agree that this legal notice shall be exclusively governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales. Notwithstanding the foregoing, nothing in this legal notice will preclude English Language Learning from applying to any court to bring an action for the infringement of its intellectual property rights.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, you will submit certain information, including your name, billing address, shipping address, email address, and phone number. We refer to this information as “Order Information.” Payment information is input directly into your secure payment partner – we do not collect this information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share Personal Information with third parties to help us use your Personal Information, as described above.We use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.MINORS
The Site is not intended for individuals under the age of 16.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at contact[email protected] or by mail using the details provided below:
Tennis Street, London, SE1, United Kingdom
Thank you for visiting our website.