LEARNER - TERMS AND CONDITIONS

Last updated May 2023.

These are the terms and conditions of 2Bfluent Ltd, trading as Language Vibes, a company registered in England and Wales under company number 12096936 with its registered office at 22 City Heights Samuel Ogden Street, Manchester, England, M1 7AX (“we”, “us”, or “our”).

We are VAT registered and our VAT registration number is 435520611.

We own and operate https://www.languagevibes.com/ (“Language Vibes”), a website that connects proficient native speakers of languages (“Natives”) with those wishing to practice speaking that language with someone to become a more confident speaker (“Learners”).

These terms and conditions explain the terms under which you register as a Learner to receive teaching services from Natives (“Teaching Services”).

By signing up as a Learner and receiving Teaching Services, you are deemed to have accepted these terms and conditions and you agree to comply with them.

If you don’t accept them, please don’t register as a Learner or use the Teaching Services.

We may update these terms and conditions from time to time, so please check back regularly as any updates will apply to you.

Registering for an Account

To create a Learner account (“Account”), you must be at least 18 years old.
We will ask you to create a username and password, and to provide your profile picture.
We reserve the right to refuse your creation of an Account if we have reason to believe the information you provide is false or inaccurate.
Please note that you cannot hold both your Account and a Native account, unless we agree in writing, and in that case, we reserve the right to suspend your Native account.

When you purchase a package from Language Vibes, we will create a learner account for you on the 2Bfluent platform.
This account will be created using the email address you provided at the time of purchase.
For security purposes, we will initially set a random password for your account.
You are required to change this password before logging in to your account for the first time.
You can access your account at the following URL: app.2bfluent.com/login/learner.

Account Privacy

Your Account is personal to you, and so you must not share your login details with any other person.
You will at all times remain completely responsible for all activities on your Account.
If we discover you have failed to maintain the privacy of your Account, or there has been unauthorised access, we reserve the right to suspend your Account without any liability to you until we can investigate.
If you discover someone has accessed your Account without your consent, you must notify us immediately.

Native Verification Process

We require the Natives that provide Teaching Services on 2Bfluent to speak the language of their native country (i.e. the country they were born in), so that they have the vocabulary or accent that a native speaker possesses.
We undergo training and trial sessions of the Natives to assess their suitability to provide their Teaching Services.

Booking and Delivering Sessions

Once you have created your Account and for you to be able to attend 30 minutes sessions with a Native (“Sessions”), you will first need to purchase a package of 10 Sessions (“Package”) from Language Vibes.
For the first four Sessions you book, will be allocated the Natives available at your chosen time (each of which may be different).
Once you have completed those four Sessions, you will be able to book with the same Native(s) or browse 2Bfluent for other Natives you would like to converse with.
The Packages are valid for three months from the date of purchase after which date (“Validity Period”), they automatically expire.
It is your sole responsibility to ensure that you have booked and attended all Sessions during the Validity Period, and we can accept no liability nor can we offer any refunds for any unused Sessions.
An exception to this is where we experience a shortage of Natives. If this happens, we will extend the Validity Period as required to account for this shortage, but we cannot provide refunds for any unused Sessions in your Package.
You can choose whether the Session is to be conducted via audio or video call, and it is your responsibility to ensure that you have the appropriate equipment and internet connection for attending the Sessions.

Lateness to Sessions

It is your sole responsibility to ensure that you arrive on time, as all Sessions should start and end at the scheduled time.
Where you are late to a Session by more than five minutes, that Session will be deemed an unattended scheduled Session and will be deducted from your Package despite that it could not be delivered.
If the Native is late, then we recommend you use the 2Bfluent feature and retry the call to the Native in the first five minutes of the scheduled start time.
If the Native doesn’t answer the call after five minutes, or doesn’t arrive to the Session at all, then this Session won’t be deducted from your Package.

Session Cancellations

You may cancel any Session via your Account up to 24 hours before the scheduled start time, which you can then reschedule for another time.
If you cancel within 24 hours, the Session will be deemed an unattended scheduled Session and will be deducted from your Package despite that it was not delivered.

Equipment/Connectivity Issues

We are not responsible to you or the Native for any errors or failures in relation to your or the Native’s ability to access Sessions, including where such errors or failures are caused by:
(I) a loss of connection;
(ii) a breakdown or problems with the online software and/or
(iii) a breakdown or problems with your internet connection, computer or system.
Where a Session cannot be delivered due to an issue arising on the Native’s side meaning that the Session cannot be delivered for its entire duration, this will be considered a “Failed Session”.
The Native will be required to reschedule the Failed Session.
Where the issue arises solely on your side, the Session will be deemed completed and will be deducted from your Package despite that it could not be delivered in full.

Refund Policy

If you have attended your first Session and you would not like to continue receiving the Teaching Services, you can cancel your Package within 10 days of your first Session in exchange for a full refund of the fees paid for your Package.
It is your responsibility to cancel any Sessions in your Package you have booked after the first at least 24 hours before the scheduled start, as you will be ineligible for a refund for your package if you fail to do so.
Please note that this refund policy applies only to the first Package purchased under your Account, and not for any other Package thereafter.

Standards of Behaviour

When you receive the Teaching Services and engage with Natives during the Sessions, both you and the Natives must act in accordance with our standards of behaviour (“Standards”), by acting with professionalism, respect, kindness, courtesy and patience.
It is considered a breach of our Standards if you or the Native use any language, or do any action, that:
• is defamatory of any person, obscene, offensive, hateful or inflammatory, or used to bully, insult, intimidate or humiliate anyone
• is likely to harass, upset, embarrass, alarm or annoy any other person, or deceive any person
• is threatening, abusive or an invasion of another’s privacy, or cause annoyance, inconvenience or needless anxiety
• promotes sexually explicit material or includes child sexual abuse material
• promotes violence or any illegal content or activity
• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence, or be in contempt of court
• promotes any other business.
Where there has been a breach of our Standards, either you or the Native may “Force-Stop“ the Session.

Force-Stop

Where a Session is Force-Stopped, this means that the Session will immediately end before the scheduled end time.
You must report any Force-Stop, whether initiated by you or the Native, to us immediately by email to admin@languagevibes.com or admin@2bfluent.com.
We will investigate whether the Force-Stop was justified, which we endeavour to complete within 10 working days of the initial report.
As part of the investigation, both you and the Native will be required to provide complete and thorough detail on the Session, so we can assess whether the Force-Stop was justified, and our decision will be binding.
Where a Session has been Force-Stopped, whether initiated by you or the Native, the Session will show as having been completed in your Account until our investigation has concluded.
If the Force-Stop initiated by the Native was not justified, or where the Force-Stop initiated by you was justified, that Session will show as available in your Account so that you can reschedule with another Native.
Please note that a Session cannot be Force-Stopped for any other reason than a breach of our Standards.

Your Responsibilities

We pride ourselves on ensuring that our Learners get the best possible service from our 2Bfluent Natives, and so we will ask you to provide your honest and accurate feedback and rate your Native after the Session out of five stars.
Neither you nor the Natives should share their personal details or any personal information with the other.
If you do share such private or personal information, the Natives are expected to maintain the confidentiality of that information, except where they have reason to believe that you or another person is at risk of injury or harm, in which case they are required to refer the matter to us.

Termination

We can terminate your Account, and subsequently void any unused Sessions in your Package with immediate effect, on serving written notice on you, if you commit a serious breach of these terms and conditions or our Standards on one or more occasion.
You will then not be permitted to re-apply for an Account at any point in future.
When we terminate your Account, you will not have any access to data, messages, files, or other material you keep in your Account.
You are not entitled to a pro-rate refund for any unused Session in your Package.

Limitation of Liability and Indemnification

We will not be liable to you, or any third party, whether in contract, tort (including negligence), breach of, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with these terms and conditions, including but not limited to your use of 2Bfluent or your receipt of the Teaching Services.
Our total liability to you for all other losses arising out of or in connection with the contract between you and us in respect of the Teaching Services, whether in contract, tort (including negligence), breach of, or otherwise, shall be limited to directly foreseeable loss.
Nothing in these terms and conditions seeks to limit or exclude our liability for: (i) death or personal injury caused by our negligence (including that of our employees, agents or subcontractors); (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or (iv) any other matter in respect of which liability cannot be excluded or restricted by law.
You agree to indemnify us, our affiliates, and our respective officers, directors, employees, agents, and representatives against all losses, claims, demands, costs, and expenses arising out of your misconduct or negligence, or your breach of these terms and conditions.

Data protection

Our authority for data protection is the UK Information Commissioner’s Office: https://ico.org.uk
We have implemented, and maintain, safeguards to ensure the protection and security of the information that we receive.
We comply with applicable data protection legislation, including the UK Data Protection Act 2018. For more information on how we process and store personal data, please see our privacy policy.

General Provisions

Force Majeure: Neither you nor we will not be liable to the other for failure or delay in carrying out our obligations under these terms and conditions which is caused by an event beyond our reasonable control, which we could not have foreseen, or which was unavoidable.
This includes but is not limited to acts of God, war, terrorism, civil unrest, explosions, mechanical breakdown, natural disasters, deliberate damage, epidemic, pandemic, government rules or guidance, or failures of suppliers or sub-contractors to do what they are supposed to.
Variation: We may change these terms and conditions from time to time and you must check them for changes because they are binding on you.
Third party rights: Unless it expressly states otherwise, these terms and conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
Governing Law and Jurisdiction: These terms and conditions and any non-contractual obligations arising hereunder, shall be governed by, and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.