Introduction.

Thank you for choosing Lanpocket to provide you with an online space for learning. Our services include a wide variety of content and courses, from beginner to advanced, designed to facilitate learning of a wide range of subjects which are available on (i) applications available to download on mobile, laptop and/or tablet devices (“Apps”) and at our website https://www.lanpocket.com (“Website”), or any other device , whether invented or to be invented, by which you can access our content and courses, collectively being our services to you (“Services”).

In order to access our Services, whether or not you are an existing or former user, you confirm that you have read these Terms of Use (“Terms”). Whenever you use our Services, you acknowledge that you understand and agree to these Terms, and you also agree to our Privacy and Cookie Policies. We may make changes to our Terms from time to time. We will publish all changes on this page with the date these amendments are made located at the top of the page, so that you know when we last updated the Terms. This also applies to our Privacy and Cookie Policies. Your continued use of our Services after any amendments constitutes your acceptance of any such amendments. If you do not agree to comply with these Terms, please do not register to use, access or continue to use our Services. We recommend that you print a copy of these Terms for future reference.

Unless explicitly stated otherwise, any new features that are added to the current Services, including the release of new tools and resources, shall be subject to these Terms.

We may update or require you to update the Services to implement technical adjustments or make improvements, provided that the Services shall always match the description provided in all material respects.

By using our Services, you confirm that your use of the Services will not violate any applicable law or regulation in the province state, territory or country in which you reside.

Registration for servicies.

You must register for an account by: (i) connecting through an available social media account (including, but not limited to Facebook, Weibo and Google Plus); or (ii) providing a username, a valid email address and any other information we may require from time to time (“Account”). You are responsible for maintaining the confidentiality of your Account details and you are fully responsible for all activities that occur under your Account. Your Account must be used only by you and must not be shared with, or transferred to any other individual. You must immediately notify us via our Contact Us page of any suspected or actual, unauthorized or fraudulent use of your Account or any other breach of security.

Once you have an Account, you can create an online profile (“Profile”). When creating your Profile, you agree to (i) provide accurate, current and complete information; and (ii) be personally responsible for the information you provide in your Profile. We reserve the right to delete your Profile and suspend or terminate your Account if we, acting reasonably, suspect that any information you provide in your Profile is untrue, inaccurate or does not comply with our Terms.

Privacy policy.

We take your privacy very seriously. Any personal information you submit to us when setting up an Account shall be subject to our Privacy and Cookie Policies located at https://www.lanpocket.com/privacy/ which are incorporated into these Terms. You understand that through your use of the Services, you consent to the collection and use (to the extent stated in the Privacy and Cookie Policies) of this information. You further understand, acknowledge and agree that any personal information you provide on your Profile is in the public domain and is provided at your sole liability. We accept no responsibility whatsoever for the use of any personal information you share on your Profile by you or any other individual.

Our content.

Except for the User Content (defined below) all of the content available through the Services (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio and other media files, their selection and arrangement, materials and all other intellectual property rights) are owned by us or are licensed to us by a third party (“Our Content”). You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Services, as set out in clause 6. Our name and logo ‘Memrise’ is our registered trademark/service mark. To the extent that there are trademarks, service marks and/or logos from other organisations on our Website or Apps, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to our trademarks, service marks and logos or of the trademarks, service marks or logos of those other organisations.

Your license.

Subject to your compliance with these Terms, we grant you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use Our Content for the exclusive purpose of using the Services for your own personal, non-commercial use (“Licence”). Your Licence to use Our Content is restricted to use of the object code of the Software, and it is a condition of the Licence that, except where permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to access the Apps or the Website by any means other than through the interfaces that are provided by us for use in accessing the Service.

Deleting your account.

You can delete your account and terminate your use of the Services at any time by locating the ‘delete profile’ option in the settings section of your Profile. Once you have deleted your Account, your Licence will be revoked and you will no longer have access to your Profile and we will delete all of the information contained in your Profile. Please be aware that due to technical reasons beyond our control, it might take some time until your personal information disappears completely from search engines (such as Google). We accept no liability for deletion of information or content from your Profile. You acknowledge and accept that certain User Content may remain after the cancellation of your Profile and that the User Content Licence shall not be revoked or terminated. If you have an active subscription when you delete your Account, you will not receive a refund for any time remaining on your subscription.

Subscription fees.

Our Content can initially be used free of charge. This includes early learning courses and content. If you decide to advance your learning, we have a range of subscription options to best meet your needs. You can opt to subscribe for our monthly (Monthly Plan), quarterly (Quarterly Plan) or annual (Annual Plan) subscription (each a «Plan» and together the “Plans”) to access advanced learning courses and content. Our fees for the Plans are available to view on our website at https://www.lanpocket.com/premium/ (“Fees”). Our Fees are subject to different subscription plans, gift plans and promotions, and we therefore reserve the right to update our Fees from time to time.

If you select the Monthly Plan your subscription will automatically renew as a rolling subscription and renew at the end of each monthly period, being one month (or as near to the date as possible) from the date on which your Monthly Plan was activated. If you select the Quarterly Plan your subscription will automatically renew as a rolling subscription and renew at the end of each three monthly period, being three months (or as near to the date as possible) from the date on which your Quarterly Plan was activated. If you select the Annual Plan, your subscription will automatically renew as a rolling subscription at the end of each annual period, on the date on which your Annual Plan was activated (each being a “Renewal”). If you proceed with a Renewal, the method of payment used to pay the Fees will be debited at the end of your current Plan. If you select Lifetime subscription, this will be charged as a one-off upfront payment without any renewals. Lifetime subscription constitutes 100 years or until the date Memrise ceases to commercially offer the Services.

You acknowledge that, if we change the Fees, this will not affect your existing subscription Plan, therefore, if you have signed up for Plan at a certain Fee, any Fee changes will not affect any current subscription or any Renewals.

You may change your Plan at any time by locating the ‘Account‘ tab on the settings page of your Profile. The effect of the changes are as follows:

• From Monthly Plan to Quarterly Plan or Annual Plan – your Quarterly Plan or Annual Plan will be activated immediately after payment is processed and any time left on your Monthly Plan will be cancelled and will not be refunded;
• From Quarterly Plan to Annual Plan – your Annual Plan will be activated immediately after payment is processed and any time left on your Quarterly Plan will be cancelled and will not be refunded;
• From Annual to Monthly – your Annual plan will continue to be active until the expiry of the remainder of your current Annual subscription and your Monthly plan will be activated once your Annual plan subscription has expired; and
• From Annual Plan to Quarterly Plan – your Annual Plan will continue to be active until the expiry of the remainder of your current Annual Plan and your Quarterly Plan will be activated once your Annual Plan has expired.

Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, the first billing day will be the day after the free trial expires. E.g for 7 day free trial the billing day will be the 8th day. However, no charges will be made if you cancel the subscription prior to the end of your free trial period. You may cancel your membership at any time by going to your account settings.

Please note that the following conditions apply for Renewals of the Plans:

• Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
• Your account will be charged for renewal within 24-hours prior to the end of the current period
• If you have purchased a plan at a discounted rate then you may be charged the full price for the renewal  

Cancellation and refund of subscription.

You can keep track of your subscription by locating your settings page on your Profile, selecting the ‘Account’ tab which will display the expiry date of your subscription. You may cancel your subscription at any time by locating your settings page on your Profile, selecting the ‘Account’ tab and selecting «Cancel Plan”.

We offer a 30-day money-back guarantee, where we provide you with a full refund if you are not satisfied with our Services and where you have selected the Quarterly Plan or the Annual Plan. To be eligible to receive this refund, you must contact us within thirty (30) days from the date you activated your Quarterly Plan or Annual Plan. If you do not contact us within this thirty (30) day period, you will not be eligible for a refund. We will not be able to refund you, if you have paid the Fees using any third-party scripts or products that anonymise personal payment details, including but not limited to, Apple App Store payments. In this instance, you will need to contact the relevant third-party directly. If you have selected Monthly Plan, you are not eligible for a refund under our 30-day money-back guarantee.

You also have a legal right under the Consumer Contracts Regulations 2013 to change your mind, without giving us a reason, and cancel your subscription (this includes Monthly Plan, Quarterly Plan and Annual Plan) within fourteen (14) days of the date you activated your plan in order to receive a refund. If you want to cancel your subscription within this fourteen (14) day period, you can do so via our Contact Us page.

Please note that the refund options stated above do not apply to Renewals. Also, we do not offer refunds or partial refunds outside of the refund options stated above. Any refund requested will result in payment being made into the account you used to pay the Fees within fourteen (14) days.

Deleting your account.

You can delete your account and terminate your use of the Services at any time by locating the ‘delete profile’ option in the settings section of your Profile. Once you have deleted your Account, your Licence will be revoked and you will no longer have access to your Profile and we will delete all of the information contained in your Profile. Please be aware that due to technical reasons beyond our control, it might take some time until your personal information disappears completely from search engines (such as Google). We accept no liability for deletion of information or content from your Profile. You acknowledge and accept that certain User Content may remain after the cancellation of your Profile and that the User Content Licence shall not be revoked or terminated. If you have an active subscription when you delete your Account, you will not receive a refund for any time remaining on your subscription.

Termination of your account by us.

We reserve the right to modify, temporarily suspend or permanently delete your Account and terminate your access to the Services if we have reason to believe that you have breached or acted inconsistently with the Terms. Following termination, your Licence will be automatically revoked and we reserve the right to delete your Account, erase all or any information on your Profile and discard any of your User Content. You agree that we shall not be liable to you for any modification or discontinuance of the Service. Due to technical reasons beyond our control, it might take some time until your personal information disappears completely from search engines (such as Google). We accept no liability for deletion of information or content from your Profile. You acknowledge and accept that certain User Content may remain after the termination of your Account and that the User Content Licence shall not be revoked or terminated. If you have an active subscription when we terminate your Account, you will not receive a refund for any time remaining on your subscription.

No representations or warranties.

We, our officers, employees, contractors, suppliers, affiliates, agents and licensors do not guarantee that our Services, or any content therein, will always be available, uninterrupted and free from bugs or viruses and you should use your own anti-virus software. You are responsible for configuring your information technology, computer and mobile phone programmes and platform to access any of our Services. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but this may not be possible.

You understand and agree that the Services are provided “as is” and that you use the Services at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties of fitness of the Services for a particular purpose. We do not make any representation or warranty of any kind and do not assume any responsibility for any improvement of your language learning or your learning of any other subject by use of our Services, accuracy of Our Content, User Content or any other content available by use of the Services. Access to the Services may be slow, limited or unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for any other reason beyond our reasonable control.

Our Content and User Content available by use of our Services is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

Limitation of liability.

You acknowledge and warrant that we, our officers, employees, contractors, suppliers, affiliates, agents and licensors are not and shall not be liable to you for any damages, including but not limited to loss of profit, inaccurate results, loss or corruption of Your Content or any data, data being inaccurate, the cost of recovering any data or Your Content, inability to access the Services, the cost of substitute services, claims by third parties for any damage to computers, software, modems, telephones or any other property, indirect, incidental, special, consequential or exemplary damages, even where we have been advised of the possibility of such damages. We only provide our site for consumer private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

The maximum aggregate liability of us to you in relation to any paid Services (whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise) shall, to the fullest extent permitted by applicable law, not exceed the total amount of the Fees paid by you to us for the Services in the 12 months prior to the initial action giving rise to the liability, which is an aggregate limit that will not increase according to the number of claims brought by you. If no Fees have been paid by you and your use of the Services has been limited to the free Services, you shall not be entitled to any damages of any kind.

If you have a dispute with another User relating to, arising from, or in any way connected with use of the Services, you release us from all claims, demands and damages of any kind or nature arising out of or in any way connected with such dispute.

Indemnity.

You agree to indemnify and hold us, our officers, employees, contractors, suppliers, affiliates, agents and licensors harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to, or arising out of your User Content, your use of the Services, your connection to the Services, your breach of the Terms, or your violation of any rights of another person or entity.

Questions.

Please contact us with any question you might have about these Terms via mail. Please also report any suspected or known violations of these Terms via mail. If you wish to notify us about any suspected copyright infringement of any third party, please send a message via mail using the subject “Copyright notification”.