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1 Introduction
Lirica is a language learning platform (“Lirica”) operated by [Lirica Limited] with headquarters at P1-001 ., The Old Truman Brewery, 91 Brick Lane, London, E16QL, UK. We have developed a mobile app Lirica and an internet platform www.lirica.co.uk which you and our community of language learners can use to improve your knowledge of languages in a fun way.
With your registration with Lirica you (the “User”) agree to these general terms and conditions of business (“T&Cs”). By completing the registration you enter into a valid contract with Lirica Limited. Please read these T&Cs carefully, as they make up the legal framework applying to the use of Lirica.
Lirica offers some free content and features, but it is not completely cost-free. Services that are only offered for payment are clearly detailed and marked on the www.lirica.co.uk. The content is professionally produced and ad-free. To allow for a high standard of technology and learning material, fees are necessary. However they are not charged without explicit warning to the User.
2 Scope, Definitions
The T&CS apply to all non-commercial Users of Lirica. The T&CS apply both to free services and services against payment provided by Lirica.
3 Registration and Conclusion of the Contract
3.1 Each User may only register once. The User is obligated to provide complete and truthful information in the sections provided on the registration form. The User agrees to the publication of its User name, its profile information including but not limited to language combinations, Lirica-Score, online status and date of registration as well as additional information voluntarily provided, including the profile image. The email address will not be published.
3.2 [Not used]
3.3 [Not used]
4 Free Use of the Basic Functions of Lirica (Basic Contract)
4.1 Application and registration are free of charge to the User. The use of indicated trial functions at Lirica is free.
4.2 The contract for using the basic functions (basic contract) of Lirica is concluded for an unlimited period and may be terminated without notice by either party at any time unless a premium contract with subscription term was concluded. To terminate the contract, the user has to click the “Delete user account” button under the “Profile/settings” menu. After that, the user receives an email with a link the user must click in order to make the cancellation of the registration effective. If the user has a premium contract with a subscription term, the premium contract must first be terminated according to the regulations specified in No. 6 of these terms and conditions. The basic contract can then be terminated after the end of the subscription term in the manner described above.
4.3 The User account will be deleted upon termination of the basic contract. After termination of the agreement, the User cannot claim the release or return of contents that it has posted.
4.4 Fees will be charged for full access to content and functions.
5 Services and Products Subject to Fees (Premium Contracts)
Lirica Limited offers services and products for a charge at Lirica (“Premium Contracts”).
6 Billing types, Cancellation, Renewal
6.1 Premium Contracts are available according to current offers as subscription or one-off purchases. Billing type, prices and term are defined in each offer and are summarized prior to the end of the order process. The contract for ordering Premium products becomes binding by pressing the “Purchase” button.
6.2 Premium Contracts with subscriptions are concluded for the time specified in the individual order. The remuneration or the invoice amount for the subscription term is payable on conclusion of the contract. After each subscription term, the contract renews itself automatically according to the term agreed upon (e.g. 1, 3, 6 or 12 months), unless the User cancels the service before the term runs out. The full invoice amount of each renewal term will be charged on the first day of the renewal.
6.3 Premium Contracts with “one-off purchase” can be signalled limited or unlimited. As long as they are indicated to be limited, these are for a given period and terminate without needing to be cancelled.
6.4 Premium contracts with a subscription term that were concluded via www.lirica.co.uk can be terminated by email to hello@lirica.co.uk. Detailed instructions are provided on the page under “How can I cancel a subscription”.
6.5 [not used]
6.6 The right to termination due to cause remains intact.
6.7 Lirica Limited has the right to cancel Premium Contracts at any time without giving reasons with the termination taking effect at the end of the respective term. Basic functions may be terminated at any time.
7 [not used]
8 Payment Methods
8.1 Usage fees for premium services are payable in advance.
8.2 The User may effect payment by using one of the payment methods specified such as credit card or direct debit etc.
By accepting these General Terms & Conditions User will agree that Lirica Limited is allowed after during the payment (check out) process to assign an external Payment Service Provider with the processing of the mandatory payment detail information entered by the User.
After choosing the preferred payment method User will entering the mandatory information in the respective fields of the form. The ordered Payment Service Provider is entitled to accept payment on behalf of Lirica Limited. Lirica Limited will reserve the right to limit certain payment methods.
8.4 Billing takes place digitally, a paper billing will not occur.
9 [not used]
10 Content and Accessibility
10.1 For providing its service, Lirica Limited uses the technologies currently and commonly used in the field. To be able to make full use of the services offered by Lirica Limited, the User must likewise use these technologies. If older or not commonly used technologies are used, the User might only be able to make limited use of the services provided by Lirica Limited.
10.2 Claims for damage on the part of the User are excluded unless stated otherwise below. The exclusion does not extend to damage claims asserted by the User arising from death or injury to body or health or infringement of essential contractual obligations (cardinal obligations) as well as the liability for other loss or damage caused by a premeditated or grossly negligent contractual infringement on the part of Lirica Limited, its legal representatives or vicarious agents. Essential contractual obligations are those which must be met to achieve the goal intended by the contract. A “cardinal obligation” or “essential contractual obligations” are obligations the discharge of which enables the contract to be properly performed in the first place and the contracting party usually relies on and may rely on.
10.3 In the event of infringement of essential contractual obligations, Lirica Limited shall only be liable for contractually typical, foreseeable loss or damage if the infringement was due to ordinary negligence unless it is a case of damage claims asserted by the User arising from death or injury to body or health.
10.4 The restrictions as set forth under Sections 10.2 and 10.3 shall also apply to the benefit of Lirica Limited’s legal representatives and vicarious agents if claims are asserted against them directly.
11 Copyrights, Trademark Rights, Property Rights and Rights to the Use of Names
Any use outside of the app or platform requires Lirica Limited’s prior approval.
12 User Generated Content
12.1 Through the interactive use of Lirica, Lirica Limited may offer each User the opportunity to transfer self-generated contents to Lirica Limited. The User hereby grants Lirica Limited a perpetual, worldwide, non-exclusive, free and transferable right to make such content available to the public and to modify it in and to all content, like vocabulary listings, manuals, advises transferred to and published on Lirica. Lirica Limited may at any time remove or delete any content published by the User in its own discretion. The User warrants that the content transferred by the User does not infringe on any third party’s intellectual property rights and that the content can be used in accordance with Section 12. This includes any moral rights of any people pictured, mentioned or else referred to in the content. Lirica Limited reserves the right to exclude the User from its offer or to limit the User option to publish content if this agreement is breached. Furthermore, the User warrants and represents and shall ensure at the consequence of being held personally liable that the contents posted by it violate neither pertinent statutory or administrative regulations nor - in addition - are harmful to young persons, are pornographic, racist or insulting or in any other similar manner violate morals. The rights granted to Lirica Limited by the User and the preceding warranties and releases shall not expire upon termination of the User relationship.
13 Final Provisions
13.1 Agreements between Lirica Limited and the User shall be subject to the laws of the England & Wales. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
13.2 The Parties agree on the exclusive jurisdiction of the courts at the place of business of Lirica Limited.
13.4 Should individual points of these T&CS be legally invalid, the remaining portions hereof shall be unaffected and remain binding.
13.5 Lirica Limited reserves the right to modify these T&CS at any time and without indicating the reason for such modification, as far as those modifications are based upon changes in the services provided by Lirica Limited, changes of Lirica or upon legal changes or changes due to technical requirements. This includes Lirica Limited offering new services.
