General Terms & Conditions for Consumers (Version: 08.04.2019)
Welcome to Babbel! Babbel is an offer provided under the internet domain www.babbel.com and also for mobile applications (apps for Android and iOS) (hereinafter known as “Babbel” or “Website”) from Lesson Nine GmbH (hereinafter known as “Lesson Nine” or “Provider”), located at Max-Beer-Str. 2, 10119 Berlin. You (hereinafter known as the “User”) can find further information in our Legal disclaimer.
These General Terms & Conditions (hereinafter known as “GTC”), in conjunction with any applicable supplementary conditions pursuant to para. 5, provide the final legal framework for all Babbel services intended for consumers. Deviating and supplementary provisions only apply if expressly agreed upon.
These GTC applicable in equal measure to both free and non-free offers from Babbel.
1. Offered Services, Scope of Application
1.1 Babbel is an online learning system that allows you to develop your language skills in a simple, modern and efficient way.
1.2 Some features and content are available to the user free of charge. Non-free services are clearly identified as such and may be used against payment of the respective charges or prices.
1.3 These GTC and the services regulated by them are exclusively intended for Users who act as consumers. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employment. For all other contracting parties other terms and conditions apply.
2. Creation of a User Account and Conclusion of the Contract
2.1 The User can create a basic user account at Babbel for free. For this he must enter his first name and his email address in the registration form, determine a freely selectable password and accept these GTC. Further data can be specified after creating the user account via the personal profile page. Each User may register only once. The only prerequisite for opening a user account is that the User may not be a minor.
2.2 After submitting the completed registration form, the User will receive an automatically generated email with a hyperlink enabling him to authenticate himself via the email address.
2.3 The User is required to choose a sufficiently secure password and keep this secret. As soon as the User becomes aware or should have been become aware that access to his password has been obtained by a third party, he must change the password immediately.
2.4 Lesson Nine will communicate with the User primarily via his email address given in the registration form and in particular can inform him of any declarations of intent (e.g. terminations) that are relevant to the contract. The User can inform Lesson Nine at any time about a current email address.
3. Basic Contract
3.1 After creating a user account, the use of some basic features is available (“Basic Contract”). However, the User is not entitled to access such content and features free of charge.
3.2 Basic contracts can be terminated at any time with a notice period of 14 days.
4. Premium Contract
4.1 In addition, Lesson Nine offers paid services (“Premium Contract”) according to different price and lifetime models. Insofar as prices are quoted on Babbel, these are understood to include applicable statutory VAT.
4.2 Under the menu item “Prices” on the website, the User will find an overview of the Premium Contracts that can be booked for the User. By booking a Premium Contract, the user receives access to learning content and courses of the selected language within the framework of the respective Premium Contract for the entire contract lifetime.
4.3 The billing type, price and contract lifetime are each listed as part of the ordering process and are fully summarized before completion of the order. The Premium Contract takes effect upon clicking the button “Pay now” (or similar).
4.4 Premium Contracts are concluded for the fixed-term lifetime chosen by the User. Costs for the entire lifetime are due upon conclusion of the contract.
5. Package Contracts
5.1 If a Premium Contract also includes, but is not limited to, a service that can be used to take live online language lessons, e.g. “Babbel Live” (hereinafter known as “Virtual Classroom Services”) and/or a service with which an online language test, including a certificate of completion, can be completed, e.g. “Babbel English Test” (hereinafter known as “Language Test Services”) (such a Premium Contract is hereinafter known as a “Package Contract”), the additional provisions of this Section 5 also apply. In case of contradictions between this Section 5 and the remaining clauses of the GTC, the regulations of this Section 5 take precedence (including the rules referred to in this Section 5).
5.2 If the Package Contract also includes Virtual Classroom Services, the General Terms & Conditions of Babbel Live Services (hereinafter known as “Babbel Live GTC”) also apply, unless otherwise agreed in this Section 5. If the Package Contract also contains Language Test Services, then the General Terms & Conditions for Using the Babbel English Test (hereinafter known as “Babbel English Test GTC”) apply for the Babbel English Test, unless otherwise agreed in this Section 5.
5.3 The Package Contract takes effect when the User clicks on the button, which triggers a payment obligation and is labelled with an appropriately obvious warning (e.g. “Pay now”) (hereinafter known as “Package Contract Conclusion”).
5.4 Unless stated otherwise in the order process, the Package Contract is a temporary contract according to Section 6.3 of these Terms and is not subject to automatic renewal. In addition, the Virtual Classroom Services and/or Language Test Services that may be included in the Package Contract may be used as long and as far as specified in the Package Contract conclusion and/or regulated in the respectively applicable Babbel Live GTC or Babbel English Test GTC.
5.5 Unless stated otherwise in the ordering process, the “money back guarantee” acc. Section 7 of these GTC does not apply for Package Contracts.
6. Lifetime, Renewal and Termination of Contracts
6.1 As long as no fee-based Premium Contract has been concluded, the user can terminate the Basic Contract at any time in accordance with Section 3.2.
6.2 Unless otherwise stated at the time of contract conclusion, Premium Contracts are subscriptions which automatically renew for the respective contractually agreed term (e.g. 3, 6 or 12 months) unless the user or Lesson Nine terminates the respective Premium Contract up to 48 hours before expiry of the contract lifetime respective. Fees for renewal periods will also be charged in advance. All contracts can be terminated at the end of the respective term.
6.3 Premium Contracts, which are acquired by “one-time payment”, are expressly designated as fixed term or perpetual. If they are limited, the contract ends with the expiry of the term, without the need for termination. If they are perpetual, the following paragraphs apply accordingly.
6.4 Contracts can be terminated in the user profile on the website. The exact procedure can be found on the following page under “How can I cancel a subscription?”: https://www.babbel.com/faq
6.5 Premium Contracts purchased through the Apple App Store, Google Play Store or other service providers must be terminated under the applicable terms and conditions of each service provider. The exact procedure is described on the website of the Apple App Store, the Google Play Store or the other service provider.
6.6 The right to termination for cause remains unaffected.
7. Contractual “Money-back Guaranty” for Premium Contracts
7.1 Lesson Nine grants the User a contractual right to terminate Premium Contracts within 20 days of the conclusion of the contract with immediate effect in accordance with Section 6.4. If the User terminates within the specified period, the fee paid will be refunded in full.
7.2 The contractual “money-back guaranty” - termination right expires irrevocably after expiry of a period of 20 days from the conclusion of the contract and is expressly not applicable to extension periods gem. Section 6.2.
8. Payment Modalities
8.1 Unless otherwise stated in the order process, Premium and Package Contracts are payable in advance for the entire contract period.
8.2 Payment can be made through any of the payment methods detailed on the website at no additional charge. As part of the payment process, Lesson Nine commissions an external payment service provider to process the payment data entered by the User.
8.3 After selecting the desired payment system, the User enters his required data in the appropriate data fields. The commissioned payment service provider is entitled to receive payments for Lesson Nine. Lesson Nine reserves the right to restrict the payment systems offered.
8.4 For SEPA-based direct debits, a shortened pre-notice period of 2 calendar days in Germany, Austria and Spain, and 5 calendar days in other countries, is hereby agreed.
8.5 Invoicing takes place digitally. Invoicing in paper form is waived. Current invoices are uploaded onto the website and can be viewed in the customer’s own profile at https://www.babbel.com/users/payments. After payment, invoices might become unavailable in some cases.
8.6 Premium or Package Contracts can also be claimed by redeeming a matching coupon. When services are purchased through coupons, they are solely available for the limited period of time determined by the coupon. There is no further obligation to pay. Invoicing is not performed.
9. Right of Cancellation
RIGHT OF CANCELLATION
You have the right to withdraw from this contract within 14 days without giving a reason. The cancellation period is 14 days from the day of the conclusion of the contract. To exercise your right of cancellation, you must inform (Lesson Nine GmbH, Max-Beer-Str 2, 10119 Berlin, Germany, Phone: +1 (888) 901-2932 (toll free US), +44 20 3322 1969 (UK), +49 30 568 373876, Email: email@example.com) by means of a clear statement (e.g. letter sent by post, fax or email) about your decision to cancel this contract. You can use the attached sample cancellation form, which is not mandatory.
To maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of Cancellation
If you withdraw from this contract, we will repay all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the best standard delivery we offer have) immediately and at the latest within 14 days from the date on which the notification of your cancellation of this contract was received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; in no case will you be charged for this repayment of fees.
Confirmation of the Right of Cancellation by Services
I agree and expressly request that Lesson Nine GmbH commence execution of the commissioned service before the end of the cancellation period. I am aware that I lose my right of cancellation if the contract is completely fulfilled by Lesson Nine GmbH.
10. Website Accessibility, Limitations to Liability
10.1 Lesson Nine uses the current and commonly used technologies for its services. In order to fully use Babbel, the User must also use these technologies (e.g. current browser technologies, Adobe Flash) or enable their use on their computer or mobile device (e.g. activation of Java script, cookies, pop-ups). When using older or not commonly used technologies, it is possible that the User can only use Babbel to a limited extent.
10.2 The internet services required for the use of Babbel and the necessary equipment are the sole responsibility of the User with regard to the costs incurred, the availability and the security of the data connection.
10.3 The Provider expressly does not guarantee that the services offered are suitable for the specific goals pursued by the individual user.
10.4 Claims of the User for damages are excluded. This does not apply to claims for damages by the user resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages resulting from intentional or grossly negligent breach of duty on the part of Lesson Nine, its legal representatives or vicarious agents based. Significant contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. A “cardinal duty” or “essential contractual obligations” are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on the compliance of which the contractual partner regularly trusts and may rely.
10.5 In the event of a breach of essential contractual obligations, Lesson Nine shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the user resulting from injury to life, limb or health.
10.6 The limitations of paragraphs 10.4 and 10.5 also apply to Lesson Nine’s legal representatives and vicarious agents if claims are asserted directly against them.
11.1 Babbel may only be used in accordance with these GTC. In particular, Users are not authorized to:
- Reverse engineer, decompile, disassemble, modify, or create derivative works based on the Babbel Voice Portal;
- Circumvent protective measures that the provider or its licensors use to protect content that is accessible via Babbel;
- To copy, store, edit derivative works made by Babbel, to develop derivative works based on them, or to modify them in any way;
- To lease their own user account or to grant sub-licenses;
- Sharing one’s own user account with other persons and / or granting others access to the paid services of Babbel (so-called “shared account”);
- Use Babbel in any other improper manner that violates these GTC.
11.2 In the under. 11.1 described cases, as well as in all other cases of improper use, the User agrees to indemnify the provider. In any case, the provider reserves the right to block user accounts without notice as soon as there is an indication of improper or abusive use and the provider has a legitimate interest in blocking.
12. Intellectual property Rights
12.1 All texts, images and other copyrightable content and works made available under Babbel are protected by copyright. Any non-contractual use, especially for commercial or business purposes, requires the prior consent of the provider in writing.
12.2 Content specifically provided through a Creative Commons license is subject to the terms of the applicable Creative Commons license.
12.3 Any use of all trademarks, brands, designs and business names used by the provider in the context of the offer also requires the prior consent of the provider in text form.
13. Content Provided by Users
13.1 Lesson Nine reserves the right to evaluate all content uploaded to Babbel in a completely anonymous form for the purposes of market analysis, development and statistics.
13.2 The User also undertakes to ensure that no abuse by third parties can occur via his registration data. In this context, the user is particularly obliged not to give any third party access to his registration data. In addition, the User declares that the content placed by him on Babbel is free of viruses, worms, Trojans or other programs that could jeopardize or impair the functioning or the stock of Babbel, other websites or the computers of other Users.
13.3 The User undertakes to indemnify the provider against damages resulting from an attack in accordance with the provisions of para. 13.2, to be indemnified.
13.4 Lesson Nine reserves the right, in its sole discretion, to exclude Users from content or block or delete content they have set up.
14. Final Clauses
14.1 The contractual relationship between Lesson Nine and the User is, to the extent permitted by law, subject to German law. If the law of the country in which the consumer is resident provides for greater consumer protection, it will remain unaffected.
14.2 Lesson Nine does not participate in any dispute settlement proceedings before a consumer arbitration board in the sense of the Consumer Dispute Settlement Act.
14.3 The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.
14.4 Lesson Nine reserves the right to change these GTC for a material reason (e.g. due to changes in the legal situation or its own offer, technical developments and the like). This is especially true when new offers from Lesson Nine require new regulations.
14.5 The amended GTC are sent to the User in advance by email or by any other suitable form. If the User does not object to the amended GTC within six weeks, they shall be deemed accepted. In the event of an objection, Lesson Nine may block the User’s user account, with payments already made being reimbursed proportionally in proportion to the remaining term. Lesson Nine will separately point out these legal consequences in the email containing the changed terms and conditions.
Lesson Nine GmbH, Max-Beer-Str. 2, 10119 Berlin
15. Additional provisions for persons resident in Spain
15.1 If the user is resident in Spain, the provisions of this clause 15 shall apply together with the above provisions. If these conflict with the above provisions, the user may decide which terms apply to him/her.
15.2 These terms and conditions apply to the entirety of the services or products offered by Lesson Nine and are made available to the user in an accessible and understandable manner prior to the conclusion of any contracts.
15.3 In addition to clause 2, the following provisions apply:
2.5. Each user can only register once. The user is required to provide complete and accurate information. The registration can be done in different ways:
- Registration with an email address and a password of your choice, or
15.5 In addition to clause 8, the following provisions apply:
The user shall receive the invoices electronically as standard. If he/she would like to receive the invoices in paper format, an email with this information must be sent to the following address firstname.lastname@example.org. The change of invoicing shall take place with the next invoice to be issued.
15.6 Lesson Nine reserves the right to change these General terms and conditions of business for objective reasons (for example due to changes in the legal situation or the offer of the company, technical developments, etc.). This shall apply especially when the new offers of Lesson Nine require new regulations
The amended General terms and conditions of business shall be sent to the user in advance by email or other appropriate means. The user must accept or reject the General terms and conditions of business according to the mechanism specified in the notification of the change of General terms and conditions of business.
If the user does not object to the amended General terms and conditions of business within six weeks and continues to use the Babbel application after this period, this shall be deemed as acceptance of the new General terms and conditions of business as of the expiry date of the term. Otherwise, the user may communicate his or her objection to the new General terms and conditions of business and/or terminate his or her account within the period of 6 weeks. In the event of an objection (both express and implied), Lesson Nine shall block the account of the user at the end of the 6 week period, with payments already made being reimbursed proportionately in relation to the remaining time. Lesson Nine shall refer especially to these legal consequences in the email with the amended General terms and conditions of business.
16. Additional Provisions Applicable for Residents of the United States of America
16.1 If the User is a resident of the United States of America the provisions of this Section 16 shall be applicable in addition to the provisions above or where in conflict with the provisions above, the User may choose which provisions shall be applicable.
16.2 Creation of a User Account and Conclusion of the Contract
The following additional provisions shall apply to Section 2 of the GTC:
2.5 The User agrees and acknowledges that the User will never access or use another person’s account without permission.
2.6 The User agrees and acknowledges that the User will not transfer their account to another person or entity without Lesson Nine’s prior written approval.
2.7 If the User selects a Username or similar identifier for their account, Lesson Nine reserves the right to remove or reclaim it if Lesson Nine, in its sole discretion, believes it is inappropriate or violates the rights of a third party (including, but not limited to any applicable trademarks).
16.3 Content and Accessibility of the Language Portal and Liability
The following shall replace and supersede Section 10 of the GTC:
10.1 For providing its service, Lesson Nine uses the technologies currently and commonly used in the field. To be able to make full use of the services offered by Lesson Nine, the User must likewise use these technologies (e.g. up-to-date browser technologies, Adobe Flash) or enable their use on its computer (e.g. activate Java Script, enable cookies and pop-ups). If older or not commonly used technologies are used, the User might only be able to make limited use of the services provided by Lesson Nine. The User is solely liable for any loss or damage incurred by the User, Lesson Nine or any third party caused by the User’s failure to use up-to-date technologies when accessing Babbel.
The following additional provisions shall apply to Section 11 of the GTC:
11.1.1 The User agrees (a) not to modify any part of Babbel, except with the express and prior written consent of Lesson Nine; (b) not to download or copy any account information for the benefit of any other party; (c) not to collect or make any use of any product listings, descriptions or prices; not to resell or make any commercial use of Babbel or its contents; not to reproduce, duplicate, copy, sell, resell or otherwise exploit Babbel for any commercial purpose without express written consent of Lesson Nine; not to use any meta tags or any other “hidden tag” utilizing the Babbel name or any Lesson Nine trademarks without the express written consent of Lesson Nine.
11.1.2 The User agrees not to circumvent, disable or otherwise interfere with security-related features of Babbel or any associated websites and/or tablet and/or mobile applications or features that prevent or restrict use or copying of any content or enforce limitations on Babbel’s use.
11.1.3 The User agrees not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses Babbel in a manner that sends more request messages to the Babbel and/or Lesson Nine servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Lesson Nine grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Lesson Nine reserves the right to revoke these exceptions either generally or in specific cases. The User agrees not to collect or harvest any personally identifiable information, including account names, from Babbel, nor to use the communication systems provided by Babbel (e.g., comments, email) for any commercial solicitation purposes. The User agrees not to solicit, for commercial purposes, any Babbel Users with respect to their content. In all use of Babbel and all associated services, website and mobile and/or tablet applications, the User agrees to comply with all applicable laws and regulations.
16.5 Final Clauses
The following shall replace and supersede Section 14 of the GTC and any contradictory provisions elsewhere in the GTC:
14.1 Agreements between Lesson Nine and the User shall be subject to the laws of the Federal Republic of Germany, except with respect to subject matter that is governed by the federal copyright laws of the United States in which case United State copyright law will apply to the extent of such matters. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.The Parties agree to exclude those provisions of the German international civil law, that may cause the exclusive application of any other jurisdiction.
14.4 and 14.5 Lesson Nine may, in its sole discretion, modify or revise the GTC at any time, and the User agrees to be bound by all such modifications or revisions. The modified GTC will be posted at this address and so we encourage Users to periodically check these GTC. If the User does not agree to any of these terms, the User should immediately stop accessing and/or using this website or any of the other Babbel services or mobile and/or tablet applications. If the User has paid for Premium Services and objects to the GTC, please notify Lesson Nine immediately and we will close the applicable account and issue the applicable User a full refund for the remainder of the applicable term.
The following additional provisions shall apply to Section 14 of the GTC:
14.6 Any failure of Lesson Nine to exercise or enforce any right or provision of the GTC or the Privacy Statement shall not constitute a waiver of such right or provision. Should individual points of these GTC or the Privacy Statement be legally invalid, the remaining portions hereof shall be unaffected and remain binding.
14.7 The User and Lesson Nine acknowledge and agree that these GTC and any other legal notices published by Lesson Nine and incorporated herein shall constitute the entire agreement between the User and Lesson Nine.
14.8 The Parties agree on the exclusive jurisdiction of the courts at the place of business of Lesson Nine, if the User does not have a residence in Germany.
14.9 These GTC and any rights and licenses granted hereunder, may not be transferred or assigned by the User, but may be assigned by Lesson Nine without restriction.
14.10 The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the GTC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. Additional provisions only applicable to residents of Brazil
17.1 For users resident in Brazil, the provisions of section 15 apply in addition to those set out above. In the event of contradictions between the above mentioned provisions and those in section 15, users resident in Brazil may choose the most appropriate provisions for them, in accordance with the provisions of Law No. 8,078/90.
17.2 The following details are also valid in addition to those mentioned in Sections 6 and 9:
Extension: After expiry of the agreed contract period, the contract shall be automatically extended by the agreed period, i.e. 3 (three), 6 (six) or 12 (twelve) months, unless the user has terminated the service before the end of the agreed term. The user agrees that the full amount of the invoice for each originally agreed term extension shall be due on its first day.
Termination: In accordance with the provisions of Law No. 8,078/90, all contracts provided for in these General terms and conditions of business may be terminated on request of the user in the exercise of his or her right of withdrawal, within a period of 7 days beginning with the signing of the contract or use of the service. In this case, the user is entitled to a duly corrected refund of the payments made.
Premium services can be terminated mutually at any time before expiry of the respective term without stating any valid reasons. If Lesson Nine terminates a Premium service without stating a valid reason, the user shall receive a proportionate reimbursement of the costs corresponding to the remaining term of the services/products. If the user terminates his or her Premium service without giving valid reasons later than 7 days after signing the contract or making use of the service, he or she shall lose any claim for reimbursement of the corresponding payments made.
Premium services may be terminated by both parties for valid reasons due to unforeseen circumstances or force majeure. In this case, no amounts or compensation shall be payable by either party, provided that Lesson Nine refunds to the user the payments already made for outstanding services/products of the remaining term of the contract. The refunds specified in this section shall be payable within 30 days from the date of termination of either party.
17.3 The user transfers the rights designated by the company to third parties, to collect payments via credit card or PAYPAL for the purpose of concluding the contract and sending materials.
17.4 The abovementioned third parties act on behalf of the user and assume no responsibility for any taxes that may be incurred in these transactions.