Terms and Conditions
Only the German version of these Terms and Conditions is binding.
Before you use the website www.lengalia.com, please make sure you have read the Terms and Conditions carefully. By using the services that are offered on this website, you are agreeing to the Terms and Conditions.
Information about the right of withdrawal for customers, which is regulated by law, can be found under Paragraph V §2 of these Terms and Conditions.
References for saving information can be found at Paragraph II of these Terms and Conditions.
I Validity of the Terms and Conditions
The Terms and Conditions are deemed to be the basis for completing the contract between the contractor, Lengalia, and its contractual partner, and address all services offered on the Internet website www.lengalia.com.
The terms of business of Lengalia apply to natural and legal persons, hereafter named users, who use of the Lengalia service. Some services (i.e., Spanish courses and language exchange service) may be considered only under relevant Terms and Conditions. Those are highlighted separately with each particular service.
The user, as understood by these Terms and Conditions, and as understood by § 13 “BGB“, refers to a person entering a contract for a the purpose that belongs neither to their commercial nor professional occupation.
II Remarks on saving and printing these Terms and Conditions (“AGBs”)
The “AGBs“ can be found on www.lengalia.com at any time and can be printed at all times. Furthermore, the “AGBs“can be downloaded to the user's computer.
III Subject Matter of the Contract
For the purpose of learning Spanish on the Lengalia platform, the user is offered both free and non-free services. There is no legal claim for the service offered by Lengalia. Services requiring a fee consist of a range of uniquely designed Spanish courses. The free service offers a Spanish language exchange service and different learning material for the user (e.g. Spanish movies, podcasts, a choice of many Spanish courses). Further information can be found in the following “AGBs“and on the Internet website www.lengalia.com ('learning Spanish for free').
IV Requirement for the use of any offers by Lengalia
§ 1 Technical Requirements/ testing duty of the user
For the use of the platform, a computer with access to the Internet (preferably ISDN, ADSL) and a recent update of the browser are necessary. For the use of the auxiliary service 'Teacher-support' (V 1b) and V 3b) of these “AGBs“) a Headset and a Skype-account are also needed.
Before concluding the contract, the customer is obligated to check if he/she can provide the technical requirements for receiving the service. The user is responsible for providing the technical requirements at his/her own cost.
§ 2 Obligation to maintain confidentiality/ Legal consequences by infringement
The user is obligated to keep his/her user name and password confidential and therefore not to give away this data. The user is obligated to protect his/her user name and password from misuse by a third-party. Any activities that are carried out with the user's authorization are the responsibility of the user.
The access to the platform is limited to the user. If more than one person is simultaneously logged in with the same user-account, the contract is dissolved and there is no claim for refund of the costs already paid for the course.
Lengalia reserves the right to exclude the user and lock access to the platform if the contract is broken.
§ 3 Right of use
Persons who make use of the offered service from the Lengalia platform have the right to use only the offered data privately. Using this data for commercial purpose is not allowed. Furthermore, it is not permitted to give access to the user's account to a third-party. In case of infringement, the user is obligated to pay compensation for damages. Lengalia is then authorized to cancel the contract without further notice and without a user's claim for a refund of the costs for the courses.
§ 4 Extension and updates of the service
Lengalia is authorized to update and extend any service for the benefit of the user. This ensures that services offered in the contract, agreed to by both parties, are made available to the user.
§ 5 Proprietary Rights
Copyright/ Right to a Name
Any content created and provided by Lengalia are copyrighted and proprietary and may neither be duplicated nor used commercially. The same applies for extracted data. In case of infringement the customer is obligated to pay compensation for damages. Lengalia is then authorized to cancel the contract without further notice and no refund will be given to the user.
By downloading, saving and printing the material from the Lengalia website, the user legal rights to it. The copyright for any material which is provided by Lengalia is for Lengalia only and will not be given away.
The Lengalia icon and the name of the Lengalia Company are protected by the Right to a Name. Use of the name needs to be permitted by the Lengalia Company.
§ 6 Links
The learning platform www.lengalia.com contains selected links to other Internet websites over which Lengalia has no influence. Nor does the company take responsibility for the data and content of other websites, nor does Lengalia accept liability. On May 12, 1998 the Regional Court of Hamburg judged that by placing links on the website, a company would be jointly responsible for damages that might occur from linked websites. This can only be prevented by explicitly disassociating oneself from any content of linked websites.
Therefore Lengalia explicitly dissociates itself from any content of the linked websites on the Lengalia homepage and does not claim any of the contents as its own. Lengalia is not liable for any damage done by third-parties (unless such actions are intentional) given on the website.
§ 7 Data Protection
Lengalia respects the privacy of all users. Lengalia treats any personal information of the user confidentially and only provides as much user information to other websites as necessary, and to the extent that the user has confirmed is allowable contract entry.
See our about data protection policy.
§ 8 Applicable Law/ Place of Jurisdiction
The Law of the Federal Republic of Germany (FRG) applies to any legal transaction or other legalities relating to Lengalia. The application of international arrangements, even if accepted into German Law, is not included.
During the contract with a user, this is only the case if the user were to lose the security of various federal consumer-protection laws, which are essential to all persons.
If the user is a businessman or a official of public law, the place of business of the Lengalia company is to be the place of jurisdiction for any civil dispute regarding these business conditions and about the validity of any conclusion of the contract with the Lengalia company.
V Use of the free service
Lengalia's language exchange service
§ 1 Content
Lengalia offers a language exchange service on their Internet website. The use of this service is for the purpose of language exchange only.
The language exchange enables a user to learn, improve or practice a certain language with the help of another user and in return he/she helps the other person to improve his language skills in another language. Therefore, both parties support each other in learning, improving and using the new language. For this purpose, the Lengalia users may browse for other users on the platform and contact them via Lengalia's email system.
Use of the service for commercial purposes is not permitted.
§ 2 Registration / Use of the language exchange
By registering on the Lengalia platform, the user gets the chance to create a personal profile on the website. This profile can be seen by other registered members. After registration the user can view other users' profiles as well. Language exchange members can contact each other by using the Lengalia email system. On all member profiles, the user can find contact information, and by clicking on the link “Write an Email”, all users can contact one another.
The exchange of any private contact data on the Lengalia platform for any language exchange service between the users is at one's own risk. Lengalia reserves the right to view any email which is sent within the Lengalia email system and is able to match the email to its user.
§ 3 User Fee
The language exchange services are free of charge.
§ 4 Period of Usage
Use of the language exchange service can be terminated at any time by deleting the user account (My profile – delete my account).
§ 5 User's Obligations
The users are restricted to use the services for language exchange only. Any entries not pertaining to language exchange are forbidden. The Lengalia platform is not a dating website; however, it is an exchange website for language exchange partners and contacts.
§ 6 Deletion of Entries in Violation of Contract
Lengalia reserves the right to delete profiles and emails of users without their agreement and without indicating reasons should they be in breach of contract. In particular are entries not related to language learning and contain immoral or objectionable comments.
§ 7 Restriction of Liability
Lengalia does not take any responsibility for the functionality of this area nor for consequences arising from it. Lengalia does not take responsibility for the accuracy or legitimacy of entries made by users.
These instructions are effective as of October 1, 2010.
Your data is protected by law. You will find information in the following paragraphs regarding what type of data is recorded and how it is used while you are on the Lengalia website.
III Declaration of Consent
You can withdraw your declaration of consent at any time via email (enter email address), however not in retrospect. Withdrawing your consent means that you may no longer use the Lengalia online service, or may no longer use it in the same capacity.
Lengalia takes adequate security measures to protect the user's data. When you enter confidential data (e.g. passwords), we encode them by using the secure SSL technology.
V Data Collection and Use
1) Every time you access Lengalia services online
a) Data collection for internal system and statistical purposes
Each time the user accesses the Lengalia online service, data is temporarily saved and processed in a log file.
Every time the user accesses the service, the following data is saved: browser (type), browser version, IP address, operating system being used, date and time, sites called up/name of the file called up, amount of data transferred and a report whether the access was successful.
This data will only be used for statistical purposes, analysed and afterwards deleted and may also be used to improve the range of services we offer. The data is not linked to any person. This means Lengalia cannot track which user has called up which data. Data will not be used in any other way or passed on to third parties.
Any time the user accesses the platform by logging in, cookies are set, which the browser temporarily saves to the hard drive. A cookie is a data unit which is applied by Lengalia and which saves various information about the user’s use of the Lengalia website. The session cookies are necessary to keep you logged into the learning platform when you move about from page to page. These cookies contain only a session ID and lose their validity after a couple of hours. Your browser determines how it deals with cookies. Generally it will delete them when they are no longer valid.
2) When booking and for registration
a) Spanish Courses
When you book a Spanish course we collect and save personal data necessary to create a service contract. The required data is: your entire name, your complete postal address, your email address, the course you would like to book, your desired method of payment, your username and your password. Furthermore, the e-mail-addresses of course participants, or those employed by companies, schools and institutions and are using the learning platform, will be taken.
b) Language Exchange
For registration on the Lengalia platform we ascertain and save personal data that is necessary to set up the service. This is information about the country you come from, your native language (first language), the language you want to learn, your entire name, your year of birth, your gender, your email address, your password and your username. Additionally you can add optional details about your profession and yourself that are also saved and used to create your own profile (see3 a) aa) in this section).
3) Use of the Lengalia online service
a) Language exchange
aa) Personal Profile/ID
While using the language exchange service we create a personal profile for you which includes the data you have given us. This profile contains the following information: Your username, your native language, your age, your country and, if desired, information about your profession and a personal description of yourself. Your profile can be found and seen by other users who also use the online service. This enables all users of the language service to find suitable language exchange partners. Your email address and personal contact data will not be made public.
The information stored in your personal profile can be accessed using the profile editing tool.
You can change or permanently delete your profile information at any time. If you decide to delete the profile, you will have to create a new account if you want to make use of the language exchange again. Furthermore, every user profile is allocated an ID using a numerical code. This will be used to identify each user (e.g. when sending a contact email, the user’s ID, and not his or her name, will be saved). By using the ID, Lengalia can determine which data having been sent within the language exchange service belong to which user.
bb) Lengalia Email Service
You can use the language exchange service to contact other users of the service and to send them messages. In order to be able to offer this service we collect and use the data sent, meaning your ID and the content of your emails. The Lengalia team can view the contents of the emails. We need to do this in order to check on possible infringements of our site policy regarding content, etc.
If any of your exchange partners sends you a message, Lengalia will send you an email to your personal email address informing accordingly. Other users do not have access to your personal email address.
b) Spanish course
Using the information provided by you when you book, we create a personal profile for you. This profile contains the following information: title, first name and surname, street, postcode, town/city, country and email address. Furthermore, the e-mail-addresses of course participants, or those employed by companies, schools and institutions and are using the learning platform, will be taken. You will need your email address to log in. We use your email address to communicate with you within the framework of our contract. We use your first and last names in order to directly address you when using the learning platform. We need your address in order to fulfil our contractual duties for you. When we send you your access details and your bill via email, we include your address at the top of these documents.
You can delete your profile information at any time. If you delete your profile you will only be able to use the service again after booking a new course. The level of learning you have achieved (learning statistics) and the contents of the learning tools are set back to the beginning state and are empty again.
bb) Learning statistics
While you practice, the online trainer automatically creates statistics which record and analyse the progress of your learning.
In your statistics we save and make use of data that is needed by other learning tools (for example “Last mistakes“). These tools would not be useable if the data was not available. Therefore we save and use the results and progress you made practicing, in other tools like the vocabulary trainer and the Verb conjugator.
Your learning statistics are only visible to you and to the Lengalia teacher or Lengalia team responsible for you. When you book a Lengalia online language course for yourself or on behalf of another person, “teacher” means, for the purposes of this paragraph, any colleague of the Lengalia team. If you use an online course in the context of your company, a school or any other institution the teacher may be appointed by Lengalia or by your company, school, or institution respectively.
This data will remain even after deleting the profile. Lengalia only uses this data for statistical purposes (in this case in order to improve the contents of the courses offered). Your information and data will not be passed on to third parties.
By ordering the newsletter you expressly agree to receive it via email. You declare consent to the Lengalia Newsletter. The Newsletter will be sent over E-Mail and contains information concerning new products and offerings. We will not give away your personal data which we need for sending the Newsletter, to third parties. You can cancel your subscription at any time by clicking on the corresponding link provided at the end of each email. Of course you have the possibility to order the Newsletter again at any time.
d) Tell a Friend
You can recommend Lengalia to other people, for example friends, using the “Tell a Friend” service. The person you would like to recommend Lengalia to will contacted by us via email, informing them about our website.
This service requires us to collect and use the email address of your friend. We will automatically send your friend an email or an instant message inviting him or her to visit our website. The email address of this third person will be deleted straight after the email is sent. Only in the case that your friend accepts the invitation, will we save details of the visit under a pseudonym. This allows us to monitor the success of our recommendation system.
e) One Exercise a Day
To be able to send you daily exercises per email we would require your email address. With your subscription to "One Exercise a Day" you will also receive mails regarding recent developments/changes, current offers and special offers from Lengalia. You can cancel your subscription at any time by clicking on the corresponding link provided at the end of each email.
4) Saving and use of your data for information and advertising
Lengalia may use your anonymous data for advertising or market research purposes, or for the setting up and adjusting of Lengalia services as and when necessary, as long as you do not refuse permission. You can refuse Lengalia this permission at any time.
VI Passing on data to third parties
Lengalia is a platform for the exchange of information with other users. We do not give away any contact information without your approval. Your data will only be given to third parties for the following reasons:
1) The contribution of a third person is necessary for Lengalia to be able to provide the service as stated in the contract. This happens in the following cases:
a) to let our applications run over outsourced servers.
b) to deal with payment for Lengalia services.
In connection with these offers and business services our service providers can access your personal information, for a limited time and for business purposes only. If we use third parties to process personal information, we will protect this information so that it is used exclusively for Lengalia purposes. We cannot guarantee the use of your data by third parties in accordance with the regulations.
2) Lengalia is legally obliged to pass on data
On demand of authorities charged with law enforcement Lengalia may have to pass on data from the master file in an individual case for purposes of legal prosecution for the active defence of the police authorities of countries, to fulfil the statutory duties of the constitutional authorities of the countries and the federal government, Federal Intelligence Service, Military Counter-Intelligence Service or the Federal Criminal Police Office which is needed as part of its mission to respond to threats of international terrorism or for the enforcement of intellectual property rights. Data from the master file is personal data that is necessary to establish a contract between the user and Lengalia (e.g. address, name)
VII Responsibility of the user / Misuse
By exchanging personal data with other people (e.g. language exchange or with other students), you take complete responsibility for the risk of sharing the information. Please remember that any personal data that you state on your profile and in the Forum can be made public.
We are not responsible for users bypassing any privacy settings or safety measures of the internet site. You note and acknowledge that even after deleting your profile, copies of the personal data which were stated or possibly copied by other users, stay in a Cache or on activated page and might therefore still be visible afterwards.
Any unlawful collection or misuse of information that is found on the Lengalia website is in violation of the site policy and should be notified to us immediately.
VIII Review of personal data
Lengalia has the legal right to examine the profile information that the user has stated and check the emails that were sent to other users if they correspond with the established law and the Terms and Conditions of Lengalia, but is not obliged to do this. If necessary Lengalia has the legal right to delete the respective contents or to not send the emails to the other user.
Furthermore Lengalia reserves the right to randomly check emails and personal data for potential misuse. By using the Lengalia service you automatically agree to these measures.
IX Age limit for the use of Lengalia
Children under 12 years of age are not permitted to use the Lengalia website. Lengalia does not collect or ask for personal data of people under 12 years of age and does not permit them to register on the Lengalia website. No one under 12 years may publish any personal data (name, address, email address) on the Lengalia website or may send the data to Lengalia. Such a profile can be deleted in the profile area at any time.
Underage children who have not reached the age of 18 must provide proof of a parent’s or a legal guardian’s permission before giving away personal data.
Lengalia might contain links to other internet websites. We are not responsible for the private practices on other internet websites. We encourage our users to read through every privacy setting on every internet site individually before giving away any personal data.
XI Publication and amendments
These instructions become effective October 1, 2010.