Terms and Conditions
You have trusted us by giving us these details and we promise not to use these details for any other reason other than processing your order or informing you about the products and services of Lingofy. We will not pass any of your details on to third parties for profit or otherwise. By using the Services or software purchased as part of the Services, you consent to the processing described therein and warrant that all data provided by you is accurate.
2. Access to this Website is permitted on a temporary basis, and we will not be liable if, for any reason, this Website is unavailable at any time or for any period.
Any Services that we provide to you (such as software, samples, documentation, etc.) are licensed, not sold and may be subject to additional terms in a licensing agreement (Additional Terms). You should carefully read these Additional Terms as they will be part of the agreement with us. If there is any conflict between the terms in this agreement and the Additional terms, then the Additional Terms govern in relation to that service or software.
3. Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remain the property of Lingofy AS or its licensors and are protected by copyright laws and treaties around the world. We reserve all rights not granted under these terms or Additional Terms.
4. Terms of Sale
Certain Services offered on or through the Site may require you to open a user account. You are solely responsible for maintaining the confidentiality of the information you hold for your account and for all activity under your account. You should report all unauthorized use of your account, password or any other breach of security. You may be held liable for any loss incurred by Lingofy AS or Third Parties due to someone else using your account.
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
In order to contract with Lingofy AS you must be over 15 years of age and possess a valid user account and have a valid credit or debit card. Lingofy AS retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
- Our Contract
When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered can be downloaded or have been dispatched to you. Only those goods listed in the confirmation email will be included in the contract formed.
- Pricing and Availability
Whilst we try to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the download can take place or the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
You have the right to cancel your order prior to starting electronic software download of a purchased software product/service. After download has begun you can only return product/services that are defective or lacking conformity.
5. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Lingofy AS expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Lingofy AS’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
6. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
You agree to indemnify, defend and hold harmless Lingofy AS, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms & Conditions.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected and all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
9. Termination Policy
You agree that we may suspend or terminate your use of the Service in the event of any breach or violation of the Terms of Service. We may also terminate your use of the Service in the event that we determine in our sole and absolute discretion to cease offering the Service. You agree that any such suspension or termination in accordance with this paragraph may be performed without prior notice and you agree that we will not be liable to you or any third party for any such termination.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
12. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Liingofy AS. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Lingofy AS.
13. Choice of law
If you reside outside of the Americas, your relationship is with Lingofy AS, and the Services and Software are governed by the law of Norway. You may have additional rights under the law. We do not seek to limit those rights to the extent prohibited by law.
If you reside in the Americas, your relationship is with Tansa Systems, LLC a United States company, and the Services and Software are governed by the law of Florida, U.S.A. All references in these Terms of Service to Lingofy AS, except in clause 1, shall be construed as meaning Tansa Systems, LLC if this paragraph applies to you.