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+SITE:  languagenut_privacy
+URL:  https://www.languagenut.com/en-au/privacy-policy/
+
+
+PRIVACY POLICY
+Languagenut Limited (“
+we
+“, “
+us
+”, “
+our
+”) is committed to protecting and respecting your privacy.
+This privacy policy, (“
+Privacy Policy
+”) and any other documents referred to in it, sets out the basis on which we collect and process your personal data as a data controller when you use our website or services.
+Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting 
+www.languagenut.com,
+ (“
+Site
+”) or using our services or apps, (“
+Services
+”) you are accepting and consenting to the practices described in this Privacy Policy.
+Please note:
+This Privacy Policy does not apply to any data you provide to us when we process personal data on your behalf as your data processor i.e. where we process customer data within the cloud service we provide to you, as a business to business service provider.
+DATA CONTROLLER
+For the purposes of EU and UK data protection laws and any applicable national implementing laws, regulations and secondary legislation relating to the processing of personal data (together “
+Data Protection Law
+”), the data controller is Languagenut Limited of Projects The Lanes, Nile House, Nile Street, Brighton, BN1 1HW, England, company number insert 07401600.
+DATA PROTECTION OFFICER
+We have appointed a data protection officer (“
+DPO
+”) who is responsible for overseeing questions about this Privacy Policy who can be contacted as set out at the end of this Privacy Policy.
+LEGAL BASIS FOR PROCESSING
+We will only use your personal data when the law allows us to. Most commonly we will use your personal data in the following circumstances:
+To fulfil our contractual obligations to you.
+Where it is necessary for our legitimate business interests (or those of a third party) and your interests and fundamental rights do not override those interests.
+To comply with a legal obligation
+To the extent we process your personal data for any other purposes, we ask for your consent in advance or require that our partners obtain such consent.
+PERSONAL DATA WE MAY COLLECT ABOUT YOU
+We may collect and process personal data about you. Personal data, or personally identifiable information, means any information about an individual from which that individual can be identified. It does not include data where the identity has been removed (anonymous data). We collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
+Identity Data:
+ 
+includes first name, last name, user name or similar identifier.
+Contact Data:
+ 
+includes billing address, name and address, of school, email address and telephone numbers.
+Financial Data:
+ 
+includes bank account and payment card details.
+Transaction Data:
+ 
+includes details about payments to and from you and other details of products and services you have purchased from us.
+Technical Data:
+ 
+includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Site or the Services.
+Profile Data:
+ 
+includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
+Usage Data:
+ 
+includes information about how you use our Site and Services, including the full Uniform Resource Locators (URL) clickstream to, through and from our Site and Services (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
+Marketing and Communication Data:
+ 
+includes your preferences in receiving marketing from us and our third parties and your communication preferences.
+Location Data
+: We also use GPS technology to determine your current Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings.
+Aggregated Data:
+ 
+We also collect, use and share statistical or demographic data for any purpose. This Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.
+Special Category Data:
+ 
+We do not collect, store and/or use special category data about you. This includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data.
+If you fail to provide personal data
+Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
+HOW PERSONAL DATA IS COLLECTED
+ 
+We use different methods to collect data from and about you including via:
+Direct
+ 
+You may give us your Identity, Contact and Financial Data when you fill in forms or correspond with us by post, phone, email or otherwise. This includes personal data you provide when you register to use our Site or to receive our newsletter, subscribe to use our Services, create an account to use our Site or Services, request marketing to be sent to you, search for a product or place an order on our Site, participate in discussion boards or other social media functions on our Site, enter a competition, promotion or survey, attend a conference or webinar, give us feedback or contact us and when you report a problem with our Site or Services.
+Purchases
+: If you make purchases via our Site or within any Services, or register for an event or webinar, we may require you to provide your Identity, Contact, Financial and Transaction Data.
+Community:
+ 
+If you register for an online community that we provide, we may ask you to provide us with Identity, Contact, Profile and Technical Data.
+Automated Technologies or Interactions.
+ 
+As you interact with our Services, Sites or emails, we automatically collect Technical Data about your device, browsing actions, patterns, Location Data and Usage Data. We collect this personal data by using cookies, server logs, web beacons, pixels, and similar technologies about your device, and your use of our Site and Services. We may also receive Technical Data and Location Data about you if you visit other websites using our cookies. Please see the Cookie section below for further details.
+PERSONAL DATA WE RECEIVE FROM OTHER SOURCES
+We work closely with the third parties set out in our Third Party Supplier List which includes, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies and may receive the following personal data about you from them:
+Technical Data:
+ 
+from analytics providers, advertising networks and search information providers
+Contact, Transaction and Financial Data:
+ 
+from providers of technical, payment and delivery services.
+Identity and Contact Data:
+ 
+from providers of chat/communication/helpdesk services with customers including via email.
+Email Communications and Contact Data:
+ 
+from providers of email communications service providers.
+Business Contact and Financial Data:
+ 
+from CRM service providers who manage contacts and keep a record of communications/ interactions with customers.
+Contact Data and Financial Data:
+ 
+from cloud accounting systems that store email and names of persons sent invoices by email.
+PERSONAL DATA WE COLLECT FROM OTHER SOURCES
+We also collect personal data about you from publicly available sources. We may combine this information with personal data provided by you. This helps us update, expand, and analyse our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you. We also use this for the purposes of targeted advertising, delivering relevant email content, event promotion and profiling, determining eligibility and verifying Contact Data. The personal data we collect includes:
+Identity and Contact Data:
+ 
+from publicly available sources such as Companies House.
+Identity, Contact and Profile Data:
+ 
+that is published about you on social media profiles: such as LinkedIn, Facebook, Twitter.
+COOKIES
+We use cookies or similar technology, on our Site and in the Services to distinguish you from other users of our Site and Services. This helps us to provide you with a good experience when you browse our Site and also allows us to improve the Site and Services.
+What are cookies
+ 
+Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website. Cookies can be “persistent” or “session” cookies.
+We use persistent cookies and session cookies.
+Persistent Cookies
+A persistent cookie is stored on a user’s device in between browser sessions which allows the preferences or actions of a user across the Site (or in some cases across different websites) to be remembered. We use persistent cookies to save your login information for future logins to the Site or Services.
+ 
+Session Cookies 
+A session cookie allows the Site or Services to link your actions during a browser session. We use session cookies to enable certain features of the Site or Services, to better understand how you interact with the Site or Services and to monitor aggregate usage by users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site or Services and then close your browser.
+Which cookies we use and why
+The table below explains the cookies we use and why we use each of them.
+Cookie
+Type
+Purpose
+Duration
+Google Analytics
+Tracking cookies
+These cookies are used to collect information about how visitors use our Site. We use the information to compile reports and to help us improve the Site. The cookies collect information in an anonymous form, including the number of visitors to the Site, where visitors have come to the Site from and the pages they visited. If you do not allow these cookies we will not be able to include your visit in our statistics. You can read the full Google Analytics    privacy    policy    at:
+http://www.google.com/policies/privacy/.
+1 week
+Anonymous Analytics
+Analytics cookies.
+We use analytics cookies to tell us whether
+you have visited the Site previously, and to gather statistics about visits to a page.
+1 week
+Geotargeting
+Location cookies
+These cookies are used by software which tries to work out what country you are in from information supplied by your browser when it requests a web page. This cookie is completely anonymous, and is only used to
+help target content.
+1 week
+Registration
+Signin cookies
+When you sign in, we generate cookies that let us know whether you are signed in or not. Our servers use these cookies to work
+out which account you are signed in with.
+1 week
+ 
+You can set up your browser options, to stop your computer accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use the whole of the Site or all functionality of the Services.
+To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit 
+www.aboutcookies.org
+ or 
+www.allaboutcookies.org.
+ To opt out of being tracked by Google Analytics across all websites visit 
+http://tools.google.com/dlpage/gaoptout.
+Do not track
+We do not support Do Not Track (“
+DNT
+”).
+Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the “Preferences” or “Settings” page of your web browser.
+USES MADE OF PERSONAL DATA
+We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
+Note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
+Purpose/Activity
+Type of Data
+Lawful basis for processing
+To register you as a new customer
+(a)  Identity Data
+(b)  Contact Data
+Performance of a contract with you
+To process and deliver your order including:
+(a)   Manage payments, fees and charges
+(b)      Collect    and    recover money owed to us
+(a)  Identity Data
+(b)  Contact Data
+(c)  Financial Data
+(d)  Transaction Data
+(e)        Marketing     and Communications Data
+(a)  Performance of a contract with you
+(b)   Necessary for our legitimate interests (to recover debts due to us)
+To manage our relationship with you which will include:
+(a)      Notifying you about changes to our terms, this Privacy Policy, the Site or Services
+(a)  Identity Data
+(b)  Contact Data
+(c)  Profile Data
+(d)        Marketing     and Communications Data
+(a)  Performance of a contract with you
+(b)   Necessary to comply with a legal obligation
+(c)   Necessary for our legitimate interests (to keep our records
+ 
+(b) Asking you to leave a review or take a survey
+updated and to study how customers             use             our products/services)
+To enable you to partake in a prize draw, competition or complete a survey
+(a)  Identity Data
+(b)  Contact Data
+(c)  Profile Data
+(d)  Usage Data
+(e)        Marketing     and Communications Data
+(a)  Performance of a contract with you
+(b)   Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
+To administer and protect our business and this Site (including troubleshooting, data analysis, testing, system            maintenance, support, updates, reporting and hosting of data)
+(a)  Identity Data
+(b)  Contact Data
+(c)  Technical Data
+(a)   Necessary for our legitimate interests (for running our business,          provision          of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
+(b)   Necessary to comply with a legal obligation
+To deliver relevant Site and Services content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
+(a)  Identity Data
+(b)  Contact Data
+(c)  Profile Data
+(d)  Usage Data
+(e)        Marketing     and Communications Data
+(f)  Technical Data
+Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
+To use data analytics to improve our Site and Services,              marketing, customer relationships and experiences
+(a)  Technical Data
+(b)  Usage Data
+Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
+To make suggestions and recommendations to you about goods or services that may be of interest to you
+(a)  Identity Data
+(b)  Contact Data
+(c)  Technical Data
+(d)  Usage Data
+(e)  Profile Data
+(f)      Marketing      and Communications Data
+Necessary for our legitimate interests (to develop our Services and grow our business)
+We will not sell or rent your personal data to anyone.
+We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
+Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
+DISCLOSURE OF YOUR PERSONAL DATA
+Personal data we share with third parties. 
+We may share your personal data with the third parties set out in our Third Party Supplier List for the purposes set out in the table above. Below is a summary of the types of third parties used:
+Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
+Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you to provide services such as IT and system administration services, email communications, hosting services, backup services, credit card processing, research, development, marketing and customer support.
+Analytics and search engine providers that assist us in the improvement and optimisation of our Site and Services.
+Professional advisors acting as service providers to us in relation to the Site or Services – including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance and accounting services.
+Tax authorities, regulators and other authorities who require reporting of processing activities in certain circumstances.
+Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose personal data about identifiable individuals to our advertisers, but we may provide them with Aggregated Data about our users (for example, we may inform them that 250 men aged over 25 have clicked on their advertisement on any given day). We may also use such Aggregated Data to help advertisers reach the kind of audience they want to target (for example, women living in London). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
+Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
+Personal data we disclose to third parties.
+ 
+We may disclose your personal data to third parties:
+In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
+If we or a member of our group of companies or substantially all of their assets are acquired by a third party, in which case personal data held by them about their customers will be one of the transferred assets.
+If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions, terms of use and/or any other legal agreements; or to protect our rights, property, safety, our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
+Including Aggregated Data in the normal course of operating our business; for example, with other Site or Services users, our customers or publicly to show trends or benchmark the general use of our Site and Services.
+INTERNATIONAL TRANSFERS
+Our Services are global and your personal data may be stored and processed in any country where we have operations, our staff are located or where we engage service providers engaged in, among other things, the fulfilment of your order, the processing of your payment details or the provision of support services. This will involve a transfer of your personal data to countries outside of your country of residence, where data protection rules are different from those of your country of residence.
+Processing of your personal data will involve a transfer of data to countries outside the European Economic Area (“
+EEA
+“), Switzerland or the UK.
+We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this Privacy Policy. In particular, this means that your personal data will only be transferred to a country that provides an adequate level of protection (for example, where the European Commission or the UK Data Protection Authority, (“ICO”) has determined that a country provides an adequate level of protection) or where the recipient is bound by standard contractual clauses according to conditions provided by the European Commission or ICO.
+Our Site and Services are accessible via the internet and may potentially be accessed by anyone around the world. Other users may access the Site or Services from outside the EEA, Switzerland or the UK. This means that where you chose to post your personal data on our Site or within the Services, it could be accessed from anywhere around the world and therefore a
+transfer of your personal data outside of the EEA, Switzerland or the UK may be deemed to have occurred.
+ 
+DATA SECURITY
+ 
+We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. For example, all information you provide to us is stored on our secure servers. Any credit card information or 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 the Site or Services, you are responsible for keeping this password confidential. We ask you not to share any password with anyone. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
+We have put in place procedures to deal with any personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
+Unfortunately, the transmission of information via the Internet is not completely secure. Although we will endeavour to protect your personal data, we cannot guarantee the security of your personal data transmitted to our Site or the Services. Any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.
+LINKS TO OTHER WEBSITES
+Our Site and Services may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
+ 
+USE OF BLOGS, FORUMS AND CHAT ROOMS
+Any information that you post to areas of the Site or Services that are viewable by others (for example, to a blog, forum or chat-room) will not be treated as proprietary, private, or confidential. We have no obligation to monitor such posts to the Site or Services or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights.
+ 
+YOUR RIGHTS
+You have the right under Data Protection Law, free of charge, to request:
+Access to your personal data.
+Rectification or deletion of your personal data.
+A restriction on the processing of your personal data.
+Object to the processing of your personal data.
+A transfer of your personal data (data portability) in a structured, machine readable and commonly used format.
+Withdraw your consent to us processing your personal data, at any time.
+If you wish to exercise any of the above rights, please contact us as set out at the end of this Privacy Policy. We will respond to such queries within 30 days and deal with requests we receive from you, in accordance with the provisions of Data Protection Law. Occasionally it could take us longer, if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
+You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
+We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
+MARKETING COMMUNICATIONS
+Marketing:
+ 
+We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
+Promotional Offers from us:
+ 
+We will send you marketing emails if you “opt in” to receive marketing emails when registering on our Site, or if you have enquired about, or purchased any of our goods or services from us and you have not opted out of receiving such marketing.
+Third Party Marketing:
+ 
+We will obtain your express opt-in consent before we share your personal data with any third party for marketing purposes.
+Opt out:
+ 
+Please note that, if you change your mind about being sent marketing emails you can “opt out” at any time by clicking the “unsubscribe” link at the bottom of any marketing email. Once you “opt out”, you will no longer receive any marketing emails from us. We will continue to communicate with you regarding your service billing and support via email and where we send push notifications from time to time in order to update you about any service updates, events and promotions we may be running. If you no longer wish to receive these communications, please disable these in the settings on your device.
+DATA RETENTION
+We retain personal data for as long as reasonably necessary to fulfil the purposes for which it was provided or collected, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint, if we reasonably believe there is a prospect of litigation in respect of our relationship with you, to comply with law enforcement requests, maintain security, prevent fraud and abuse, resolve disputes, enforce our legal agreements, or fulfil your request to “unsubscribe” from further messages from us.
+To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
+This will be for as long as we provide access to the Site or Services to you, your account with us remains open or any period set out in any relevant contract you have with us. After you have closed your account or ceased using the Services as set out below.
+ 
+We will retain some anonymised information after your account has been closed and we may use this for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
+Please note: After you have closed your account or deleted information from your account, any information you have shared with others will remain visible. We do not control data that other users may have copied from the Site or Services. Your profile may continue to be displayed in the services of others (e.g. search engine results) until they refresh their cache.
+COMPLAINTS
+Our intention is to meet the highest standards when collecting and using personal data. For this reason, we take complaints we receive very seriously. We encourage users to notify us if they think that our collection or use of personal data is unfair, misleading or inappropriate. If you have any complaints about our use of your personal data, please contact us as set out at the end of this Privacy Policy or contact your local data protection supervisory authority.
+ 
+For UK individuals: The Information Commissioner’s Office at, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.
+Our EU representative is reachable at 
+suppliers@languagenut.com.
+CHANGES TO OUR PRIVACY POLICY
+Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our Privacy Policy.
+This Privacy Policy was last updated on 4
+th
+ October 2022 and this version replaces any other Privacy Policy previously applicable from this date.
+CONTACT
+Our DPO is reachable at 
+suppliers@languagenut.com.
+If you have any questions, comments, or requests regarding our privacy practices or about this Privacy Policy please contact us as follows:
+By post
+: Languagenut Limited, Projects The Lanes, Nile House, Nile Street, Brighton, BN1 1HW
+By email
+:
+ 
+support@languagenut.com.
+T&Cs
+Privacy Policy
+FAQs
diff --git a/languagenut_tos.txt b/languagenut_tos.txt
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+++ b/languagenut_tos.txt
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+SITE:  languagenut_tos
+URL:  https://www.languagenut.com/en-au/terms/
+
+
+Terms of Service
+Please read these Terms of Service carefully before registering for a chargeable subscription to use the Services offered on this website, operated by Languagenut Limited, with its registered office at Projects The Lanes, Nile House, Nile Street, Brighton, England, company number insert 07401600, VAT number 983 9715 59.
+By registering for a chargeable subscription to use the Services at www.languagenut.com, and clicking on the accept buttons relating to our Terms of Service,
+ 
+ 
+, you agree to be legally bound by these Terms of Service, DPA and Privacy Policy as they may be modified and posted on our website from time to time. In the event of any inconsistency between the content of the Terms of Service,
+ 
+DPA
+ 
+and the
+ 
+Privacy Policy
+, the Terms of Service shall prevail followed by the DPA and then the Privacy Policy.
+If you do not wish to be bound by these Terms of Service, DPA and Privacy Policy then you may not register to use a free trial or purchase our Services.
+1. Definitions
+In this Agreement, the following capitalised words shall have the following meanings:
+“Agreement”
+means these Terms of Service, DPA and Privacy Policy together;
+“Authorised User”
+means your employees, agents, consultant or independent contractors or students who have been expressly authorised by you to receive a password in order to access the Services online;
+“Confidential Information”
+means any and all information in whatsoever form relating to our business, prospective business, finances, technical processes, computer software (both source code and object code), Intellectual Property Rights or finances, or compilations of two or more items of such information, whether or not each individual item is in itself confidential, which comes into our possession by virtue of its entry into this Agreement or provision of the Services, and which we regard, or could reasonably be expected to regard, as confidential and any and all information which has been or may be derived or obtained from any such information and includes all Content;
+“Consequential Loss”
+means pure economic loss, special loss, losses incurred by any third party, losses arising from business interruption, loss of business revenue, goodwill or anticipated savings, losses whether or not occurring in the normal course of business, costs of procuring substitute goods or product(s) or wasted management or staff time;
+“Content”
+means all information or materials made available to you via the Services;
+“DPA”
+means our data processing agreement published at www.languagenut.com/en-gb/data-processing-agreement as amended from time to time;
+“Effective Date”
+means the date on which we send you a confirmation invoice, confirming your order of the Services and providing you with login details;
+“Feedback”
+means feedback, innovations or suggestions created by the you or Authorised Users regarding the attributes, performance or features of the Services;
+“Fees”
+means the fees set out in the confirmation invoice sent to you;
+“Force Majeure”
+means anything outside the reasonable control of a party, including but not limited to, acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, pandemic, epidemic, quarantine restriction, labour dispute, labour shortage, power shortage, including without limitation where we cease to be entitled to access the Internet for whatever reason, transportation embargo, failure or delay in transportation, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency;
+“Initial Term”
+means a period of 12 months starting on the Effective Date;
+“Intellectual Property Rights”
+means all copyrights, patents, utility models, trademarks, service marks, registered designs, moral rights, design rights (whether registered or unregistered), technical information, know-how, database rights, semiconductor topography rights, business names and logos, computer data, generic rights, proprietary information rights and all other similar proprietary rights (and all applications and rights to apply for registration or protection of any of the foregoing) as may exist anywhere in the world;
+“Operating Rules”
+means any of our rules or protocols, in whatever form that affect your access to or use of the Services, and made available to you by us from time to time to;
+“Privacy Policy”
+means our privacy policy published at
+ 
+https://www.languagenut.com/en-gb/data-processing-agreement
+ 
+as amended from time to time;
+“Renewal Term”
+means a period of 12 months;
+“Services”
+means the software applications services, ordered online by the you and set out in the confirmation invoice sent to you which are made available to you in accordance with any Operating Rules and including any computer software programmes and, if appropriate, Updates thereto;
+“Statistical Data”
+means aggregated, anonymised data derived from you or any user’s use of the Services which does not include any personal data;
+“Term”
+means the Initial Term plus any Renewal Terms together;
+“Terms and Conditions”
+means these terms of service published at
+ 
+www.languagenut.com/en-gb/terms/
+ 
+as amended from time to time;
+“Updates”
+means any new or updated applications services or tools (including any computer software programmes) made available by us during the Term as part of the Services.
+“Website”
+means www.languagenut.com;
+“we”, “us” or “our”
+means Languagenut Limited;
+“you” or “you”
+means the company or person who completes the online registration form for use of the Services;
+2. Provision of the Services
+2.1 You engage us and we agree to provide the Services to you in accordance with terms of this Agreement from the Effective Date for the Term.
+2.2 Access to the Services is only provided to you on condition that either you pay the Fee (if you are an individual member) or you are an Authorised User of an institution that has paid the Fee. We have no obligation under no obligation to provide to access to the Services until the Fee has been paid.
+2.3 We will endeavour to ensure that the Services are available 24 hours a day, excluding any scheduled maintenance carried out to the Services.
+2.4 We shall provide customer support services from Monday to Friday (excluding any national holidays in the UK) to you by telephone or email from 8 am – 5 pm (UK times) for the purpose of assisting you in maintaining your access to the Services.2.3 Access to the Services is subject to payment of all Fees owed under this Agreement.
+2.5 It is your responsibility to ensure that login details are passed on to the relevant person at your school or library to gain access to the Services.
+3. Licence
+3.1 Subject to payment of the Fees, you are granted a non-exclusive and non-transferable licence to permit Authorised Users to use the Services (including any associated software, Content, Intellectual Property Rights and Confidential Information) from the Effective Date during the Term for your internal business operations. Such licence permits you and Authorised Users to make cache copies of software or other information necessary for your to receive the Services via the Internet. Where open source software is used as part of the Services, this software will be subject to the terms of the applicable open source licences. No additional implied rights are granted beyond those specifically mentioned in this clause 3.1.
+3.2 No right to modify, adapt, or translate the Services or create derivative works from the Services is granted to you . Nothing in this Agreement shall be construed to mean, by inference or otherwise, that you have any right to obtain source code for the software comprised within the Services. Disassembly, decompilation or reverse engineering and other source code derivation of the software comprised within the Services is prohibited. Unless otherwise specified in this Agreement, the Services are provided and may be used solely by you as part of your website/desktop architecture. Except as specifically stated in this Agreement, you may not: (i) lease, loan, resell or otherwise distribute the Services save as permitted in writing by us; (ii) use the Services to provide ancillary services related to the Services; or (iii) permit access to or use of the Services by or on behalf of any third party.
+3.3 Unless otherwise specified in this Agreement, the Services are provided and may be used solely by you and Authorised Users. You may not: (i) lease, loan, resell, assign, licence, distribute or otherwise permit access to the Services; or (ii) use the Services to provide ancillary services related to the Services; or (iii) except as permitted in this Agreement, permit access to or use of the Services by or on behalf of any third party.
+3.4 We may suspend access to the Services, or portion thereof, at any time, if in our sole reasonable discretion, the integrity or security of the Services is in danger of being compromised by your acts or those of Authorised Users. Where possible, we shall give you 24 hours written notice, before suspending access to the Services, giving specific details of our reasons.
+4. Authorised Users
+4.1 Your subscription to the Services is for a single school/home or institution only. We do not permit you to share your user name and password for use in multiple schools or institutions. If you have purchased a home licence then this is for home only and not to be used in school or an institution.
+4.2 Where we allow you to register on behalf of several users within one organisation, we refer to you as a group user, (“
+Group User
+”). Any of your Authorised Users who makes use of the Services via this licence shall, subject to the terms of this Agreement, be entitled to continue using the Services as an independent user following termination of that Authorised User’s connection with a Group User, including having access to the information and programs created during the course of that Authorised Users employment with or connection through the Group User.  Each Group User hereby irrevocably agrees to permit such continued access to a leaving Authorised User. A Group User shall have no liability for the leaving Authorised User’s continued use of the Services, following our receipt of a written notice informing us that the individual concerned is no longer connected to the Group User.
+5. Passwords and Security
+5.1 You are responsible for any and all activities that occur under your account and via your passwords. You will immediately notify us if you become aware of any unauthorised use of an account or password or breach of any breach of security becomes known to you. We shall have no liability for any loss or damage arising from your failure to comply with these requirements.
+5.2 We may suspend access to the Services, or portion thereof, at any time, if in our sole reasonable discretion, the integrity or security of the Services is in danger of being compromised by acts of you or Authorised Users. Where possible we shall give you prior notice before suspending access to the Services.
+5.3 You (and Authorised Users) shall maintain reasonable security measures (as may change over time) covering, without limitation, confidentiality, authenticity and integrity to ensure that the access to the Services granted under this Agreement is limited as set out under this Agreement. In particular you and Authorised Users shall treat any identification, password or username or other security device for use of the Services with due diligence and care and take all necessary steps to ensure that they are kept confidential, secure and are used properly and are not disclosed to unauthorised persons. Any breach of the above shall be immediately notified to us in writing. You shall be liable for any breach of this Agreement by an Authorised User.
+6. Intellectual Property Rights
+6.1 All Intellectual Property Rights and title to the Services and Content (save to the extent these incorporate any third party owned item) shall remain with us and/or its licensors and subcontractors. No interest or ownership in the Services, the Intellectual Property Rights, Content or otherwise is transferred to you under this Agreement. Nothing in this Agreement shall be construed to mean, by inference or otherwise, that you have any right to obtain source code for the software comprised within the Services.
+6.2 You grants us a perpetual, non-exclusive, transferable, royalty free, worldwide licence to use any information that you upload to the Services, (excluding your personal data).
+6.3 You are not allowed to remove any proprietary marks or copyright notices from the Services.
+6.4 You assign all rights, title, and interest in any Feedback to us. If for any reason such assignment is ineffective, you shall grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify, and exploit such Feedback without restriction.
+6.5 We may take and maintain technical precautions to protect the Services from improper or unauthorised use, distribution or copying.
+7. Term
+7.1 This Agreement shall commence on the Effective Date for the Initial Term. At the expiry of the Initial Term, this Agreement will automatically renew for Renewal Terms and continue until either party terminates the Agreement by giving the other at least 90 days’ notice in writing prior to a Renewal Term. Neither party may terminate the Agreement without cause during the Initial Term.
+8. Fees, Invoicing and Payment
+8.1 We shall invoice the Fees annually in advance from the Effective Date. All Fees exclude any Value Added Tax legally payable on the date of the invoice, which shall be paid by you in addition, where applicable.
+8.2 Fees for your subscription are calculated annually on the anniversary of the Effective Date (unless otherwise stated).
+8.3 You undertake that all details provided for the purpose of obtaining the Services will be correct and that any credit card details used are your own and that there are sufficient funds or credit facilities to cover the Fees and that it is your responsibility to update us of any changes to your contact information (including your email address) via support@languagenut.com.
+8.4 Fees are payable on the date of each invoice by such method of payment as we request.
+8.5 We are under no obligation to provide access to the Services until Fees are paid.
+8.6 Where payment of any Fee is not received when due we may, without liability to you, disable your password, account and access to all or part of the Services and we shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remains unpaid.
+8.7 We shall be entitled to charge interest on overdue Fees at the applicable statutory rate.
+8.8 We reserve the right to recover any costs and reasonable legal fees it incurs in recovering overdue payments.
+9. Confidential Information
+9.1 You may use Confidential Information only for the purposes of this Agreement. You must keep confidential all Confidential Information disclosed to you, except where the recipient of Confidential Information is required to disclose the Confidential Information by law to any regulatory, governmental or other authority with relevant powers to which either party is subject.
+9.2 You may disclose Confidential Information to those of your employees and agents who have a need to know the Confidential Information for the purposes of this Agreement but only if the employee or agent is bound by confidentiality undertakings equivalent to those set out in this Agreement.
+9.3 You agree to destroy or return all documents and other materials containing Confidential Information immediately upon completion of the Services or termination or expiry of this Agreement.
+9.4 The obligations of confidentiality under this Agreement do not extend to information that: (i)     was rightfully in your possession before the negotiations leading to this Agreement; (ii) is, or after the Effective Date, becomes public knowledge (otherwise than as a result of a breach of this Agreement); or (iii) is lawfully disclosed to you by a third party without restriction on disclosure; or (iv) is independently developed by you, which independent development can be shown by written evidence; or (v) is required by law to be disclosed.
+9.5 If you are required to disclose any Confidential Information pursuant to clause 9.4(v) you shall, where lawfully permitted to do so: (i) promptly consult with and take into account any comments from us prior to making any disclosure; and (ii) work us to ensure that any exemptions or other legitimate means of preventing disclosure or limiting disclosure are used to the fullest extent possible.
+9.6 You may print and download Content for your own use on the following basis: (i) no documents or related graphics are modified in any way; (ii) no graphics are used separately from accompanying text; and (iii) our copyright and trademark notices and this permission notice appear in all copies of Content. If you breach any terms of this clause 9.6, your permission to use the Services automatically terminates and you must immediately destroy any downloaded or printed Content and remove any such Content from other electronically held systems including other websites. Other than permitted in this clause 9.6, no part of the Content may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
+9.7 Other than any personal data that you provide to us when using the Services and save where we require you to provide specific authorisation within the Services for the use of information or material you provide, any material you transmit or post in the Services will be considered non-confidential and non-proprietary. We have no obligations with respect to such material. We, our agents and other users of the Services will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes, as will other users subject to the provisions of clause 9.6.
+9.8 We may require the removal of any material, in whole or in part, uploaded to the Services where such material is, in our view, likely to fall within the provisions of clause 9.9, or which may cause damage to our reputation. We therefore reserve the right to edit and/or remove, in whole or in part, any material uploaded to the Services without notice.
+9.9 You are prohibited from posting or transmitting to or from the Services any material: (i) that is threatening, 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; (ii) for which you have not obtained all necessary licences; or (iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or (iv) which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
+9.10 You may not misuse the Services (including without limitation by hacking).
+9.11 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.9 and 9.10.
+9.12 We, and our officers, directors, employees, shareholders, or agents do not accept any liability for the use made by you of any Content.
+10. Data Protection
+10.1 Each party undertakes to comply with its obligations under relevant applicable data protection laws, principles and agreements.
+10.2 To the extent that personal data is processed when you or Authorised Users use the Services, the parties acknowledge that we are a data processor and you are a data controller and the parties shall comply with their respective obligations under applicable data protection law and the terms of the DPA.
+10.3 Any personal data that you provide to us during registration or when ordering or using the Services (such as your email address) shall be collected and processed by us in accordance with the Privacy Policy.
+10.4 If a third party alleges infringement of its data protection rights, we shall be entitled to take measures necessary to prevent the infringement of a third party’s rights from continuing.
+11. Warranties
+11.1 Each party warrants and represents that: (i) it has full corporate power and authority to enter into this Agreement and to perform the obligations required hereunder; (ii) the execution and performance of its obligations under this Agreement does not violate or conflict with the terms of any other agreement to which it is a party and is in accordance with any applicable laws; and (iii) it shall respect all applicable laws and regulations, governmental orders and court orders, which relate to this Agreement.
+11.2 We warrant to you that: (i) we have the right to license the Services: (ii) the Services shall be performed with reasonable skill and care and in a professional manner in accordance with good industry practice; (iii) that use of the Services will not infringe the Intellectual Property Rights of any third party. The foregoing warranties shall not: (a) cover deficiencies or damages relating to any third-party components not furnished by us; or (b) any third party provided connectivity necessary for the provision or use of the Services. In the event of a breach of the warranties under this clause 11.2, we shall have no liability or obligations to you other than to reimburse the Fees for the Services.
+11.3 No warranty is made regarding the results of usage of the Services or that the functionality of the Services will meet the requirements of you or that the Services will operate uninterrupted or error free. This clause shall survive the termination of this Agreement.
+11.4 You acknowledges that Services should not be used for high-risk applications where precise locations or features on maps are essential to you.
+11.5 All Content provided via the Services, is provided “as is” and we do not warrant the accuracy and completeness of the Content contained within the Services, or the authenticity of data images, sounds, text and other things which are uploaded to the Services by third parties. We may make changes to the Content or to the products and prices described in the Services at any time without notice. The Content in the Services may be out of date, and we make no commitment to update Content. The Content of the Services should only be used for information purposes, and you should not rely on it to make or refrain from making any decision or take or refrain from taking any action. We provide no warranties in relation to Content and shall have no liability whatsoever to you for its use or reliance upon any Content.
+11.6 You warrant that you rightfully own the necessary user rights, copyrights and ancillary copyrights and permits required for you to fulfil your obligations under this Agreement.
+11.7 You shall ensure that your network and systems comply with the relevant Operating Rules provided by us from time to time and that it is solely responsible for procuring and maintaining its network connections and telecommunications links from your systems to our data centres and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the Internet.
+11.8 Except as expressly stated in this Agreement, all warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to satisfactory quality and fitness for purpose), are hereby excluded to the fullest extent permitted by law.
+12. Liability
+12.1 Neither party excludes or limits its liability for: (i) fraud; (ii) death or personal injury caused by any negligent act or omission in connection with the provision or use of the Services; (iii) wilful misconduct; or (iv) anything which cannot lawfully be limited or excluded by applicable law.
+12.2 Neither party shall be liable for any Consequential Loss arising out of or related to this Agreement or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, even if the party was advised of the possibility of such damages.
+12.3 Subject to clauses 12.1 to 12.3 inclusive the total liability of us to you in aggregate (whether in contract, tort or otherwise) for any and all claims relating to or arising under this Agreement or based upon any claim for indemnity or contribution shall be limited to the total Fees (excluding all taxes) paid by you to us during the 12 month period prior to the date on which any such claim arose. If the duration of the Agreement has been less than 12 months, such shorter period shall apply.
+12.4 Subject to clause 4.2, you shall be liable for any breaches of this Agreement caused by the acts, omissions or negligence of any Authorised Users who access the Services as if such acts, omissions, or negligence had been committed by you.
+12.5 The parties acknowledge and agree that in entering into this Agreement, each had recourse to its own skill and judgement and have not relied on any representation made by the other, their employees or agents.
+13. Indemnity
+13.1. You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless on demand, from and against all claims, liability, damages, fines, losses, costs and expenses, including reasonable legal fees, arising out of: (i) any breach of a third party’s rights caused by you (or where you are a Group User, by any Authorised User’s) use of the Services in breach of the terms of this Agreement; or (ii) any other liabilities arising out of your or an Authorised User’s use of the Services; or (ii) use by any third party accessing the Services using your logins or passwords.
+14. Links to and from other websites
+14.1. We are not responsible for the content of any websites linked to the Services. We provide these links solely for convenience. If you use these links, you leave our Website. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk.
+14.2 If you would like to link to our Services you may do so on the basis that you link to, but do not replicate, the home page of our Website and subject to the following conditions: (i) you do not remove, distort, or otherwise alter the size or appearance of our logos; (ii) you do not create a frame or any other browser or border environment around our Website; (iii) you do not in any way imply that we are endorsing any products or services other than our own; (iv) you do not misrepresent your relationship with us nor present any other false information about us; (iv) you do not otherwise use any Languagenut.com trademarks displayed on the Website, without express written permission from us; (v) you do not link from a website that is not owned by you; and (vi) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
+14.3 We expressly reserve the right to revoke the rights granted in clause 14.2 for any breach of this Agreement and reserve the right to take any action that we deem appropriate for such breach.
+15. Termination
+15.1 We may immediately terminate this Agreement or the provision of any Services provided pursuant to this Agreement if: (i) you have used or permitted the use of the Services other than in accordance with this Agreement; or (ii) we are prohibited under applicable law, or otherwise from providing the Services.
+15.2 Either party shall be entitled to terminate this Agreement on written notice to the other party if the other party: (i) goes into voluntary or involuntary liquidation (otherwise than for the purpose of a solvent reconstruction or amalgamation) or has a receiver or administrator or similar person appointed or is unable to pay its debts within the meaning of s268 Insolvency Act 1986 or ceases or threatens to cease to carry on business or if any event occurs which is analogous to any of the foregoing in another jurisdiction; or (ii) commits a material breach of any term of this Agreement which, if capable of remedy, is not remedied within five (5) Business Days of receipt of a written notice specifying the breach and requiring it to be remedied; or (iii) is prevented by Force Majeure from fulfilling its obligations for more than twenty eight (28) days.
+15.3 Upon termination of this Agreement we shall immediately cease providing the Services to you and all licences granted hereunder shall terminate. No Fees already paid shall be refunded if the Agreement is terminated prior to the end of the Term.
+15.4 At your option and following receipt of a request from you, we shall delete (in accordance with the terms of the DPA) or return all personal data stored in our database in its then current format, free of charge, provided that such request is made within 30 days of termination. If you require any personal data to be returned in a different format we reserve the right to charge for this additional service on a time and materials basis.
+15.5 Termination of this Agreement for whatever reason shall not affect the accrued rights of the parties. All clauses which by their nature should continue after termination shall, for the avoidance of doubt, survive the expiration or sooner termination of this Agreement and shall remain in force and effect.
+16. Assignment
+No party may assign or transfer its rights under this Agreement without the prior written consent of the other party, such consent shall not be unreasonably withheld, however we shall be entitled to assign the Agreement to: (i) any company in our group of companies; or (ii) any entity that purchases our shares or assets as the result of a merger, takeover or similar event.
+17. Force Majeure
+If a party is wholly or partially prevented by Force Majeure from complying with its obligations under this Agreement, then that party’s obligation to perform in accordance with this Agreement will be suspended. As soon as practicable after an event of Force Majeure arises, the party affected by Force Majeure must notify the other party of the extent to which the notifying party is unable to perform its obligations under this Agreement. If the Force Majeure event lasts for more than 28 days, the non-defaulting party may terminate this Agreement with immediate effect without penalty.
+18. Miscellaneous
+18.1 The parties are independent contractors and nothing in this Agreement will be construed as creating an employer-employee relationship.
+18.2 Nothing contained in this Agreement or in any instrument or document executed by any party in connection with the provision of the Services is intended to be enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999, or any similar legislation in any applicable jurisdiction.
+18.3 Should a provision of this Agreement be invalid or become invalid then the legal effect of the other provisions shall be unaffected. A valid provision is deemed to have been agreed which comes closest to what the parties intended commercially and shall replace the invalid provision. The same shall apply to any omissions.
+18.4 This Agreement constitutes the whole agreement and understanding between the parties and supersedes all prior agreements, representations, negotiations, and discussions between the parties relating to the subject matter thereof.
+18.5 In the event of any inconsistency between the content of the Terms and Conditions, the DPA and the Privacy Policy, the Terms and Conditions shall prevail followed by the DPA and then the Privacy Policy.
+18.6 Amendments to, or notices to be sent under this Agreement, shall be in writing and shall be deemed to have been duly given if sent by registered post to a party at the address given for that party in this Agreement. Notwithstanding the aforesaid, we may change or modify the terms of this Agreement upon giving you 30 days notice via email to the email address used for billing purposes. All changes shall be deemed to have been accepted by you unless you terminate the Agreement prior to the expiry of the 30-day period.
+18.5 This Agreement shall be governed by the laws of England and Wales. The courts of England shall have exclusive jurisdiction for the settlement of all disputes arising under this Agreement.
+T&Cs
+Privacy Policy
+FAQs