Welcome to EF
These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you and EF Language Learning Solutions Ltd or, if you are a student of in-person training only, the relevant contracting EF entity (“EF” or “we” or “us”) regarding your use of the EF language classes and/or the EF English Live online school, as applicable (the “Service”). Please read these Terms carefully before using the Service. If you don’t agree with these Terms, please don’t use the Service.
1. Changes to the Terms, Term and Termination
Occasionally we may, at our discretion, make changes to the Terms. Any modification or elimination of the Services will be done at our sole and absolute discretion and without an ongoing obligation or liability to you. When we make changes to the Terms that we consider material, we will notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes. If you don’t agree with such changes, you can cease using the Service. The Terms will continue to apply to you until terminated by either you or EF. EF may suspend your access to the Service at any time, including if we suspect non-compliance with the Terms. If EF suspends your access to the Service, you agree that EF shall have no liability or responsibility to you to the fullest extent permitted under applicable law.
2. Intellectual Property
The Service and the content provided through it is the property of EF or EF’s licensors, and we grant you a limited, non-exclusive, revocable permission to make personal, non-commercial use of the Service and to receive the content made available through the Service in your local country, for the duration of your course.
All materials of the Service, including content, text, images, software, audio and video files, and documentation remain at all time the sole property of EF or its licensors. Such materials are protected under international copyright, trademark and other intellectual property laws. You may not post, distribute, sublicense, translate or reproduce in any way any such materials without the prior express written consent of EF.
All EF trademarks, service marks, trade names, logos, domain names, and any other features of the Service or EF brand are the sole property of EF or its licensors. The right to use material under these Terms does not grant you any rights to use materials provided through the Service or EF trademarks, service marks, trade names, logos, domain names, or any other features of the Service or EF brand, whether for commercial or non-commercial use, other than as strictly necessary for your participation in the Service. You agree to abide by our User Guidelines (below) and not to use the Service in any manner not expressly permitted by the Terms.
3. User Guidelines
3.1 General
EF respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) copying, reproducing, “ripping”, or making available to the public any part of the Service or content delivered to you via the Service, or otherwise any making use of the Service which is not expressly permitted under these Terms; (b) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Service or any part thereof.
3.2 EF English Live online school
3.2.1 User Content
We’ve established a few ground rules for you to follow when using the Service, to make sure it stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
Please note that the opinions and messages posted by users at EF English Live do not reflect and are not representative of the views of EF or its employees, affiliates, suppliers or partners. EF is not responsible for the content of messages sent by users to other users through EF English Live.
EF strives to create a global community of English language learners. As such, users may have the ability to post messages, upload and/or contribute content to the Service, including pictures and text, use chat rooms, and find English resources, such as pen pal correspondents, local English schools and job offers (hereinafter jointly “User Content”). You represent that you have the right to make available any User Content which you post to the Service, and that such User Content, or its use by us, does not violate these Terms, any applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with EF English Live. This license lasts for five years after termination of your EF English Live account. Aside from the rights specifically granted to us herein, you retain ownership of all rights, including intellectual property rights, in the User Content, except that, where applicable under local law, you agree to waive your right to be identified as the author of any User Content on the Service and your right to object to derogatory treatment of such User Content.
You are solely responsible for the content of the User Content. In addition, by using these Services, you agree not to publish, contribute or post any material that:
Contains content that is not original or for which you have not received the prior express written consent of the originator of said content.
Contains objectionable language or is in any way profane, pornographic, sexually explicit, slanderous or libelous.
Attempts to contact a fellow user of the Service without explicit solicitation by that user.
Contains viruses or any other code designed to interrupt, destroy or incapacitate the functionality of any software, hardware or telecommunications.
Can be considered "spamming," such as chain letters, junk mail, or other solicitations.
Attempts to impersonate another person or breaches the security of the Service and its users.
EF may remove any posted message or other User Content at any time.
EF does not actively monitor, review, or edit User Content, but reserves the right to monitor the Services for purposes of determining that the usage is in compliance with these Terms and applicable laws. EF may remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in EF’s sole discretion, violates law, this Agreement or is otherwise unacceptable to us. EF may take these actions without prior notification to you.
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor EF English Live or any portion of EF English Live, without EF’s express written consent, which may be withheld in EF’s sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search EF English Live , other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer); or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of EF English Live or the Service.
Circumvent any technology used by EF, its licensors, or any third party to protect content accessible through the Service;
Rent or lease any part of the Service to any third party;
Provide your password to any other person or using any other person’s username and password.3.2.2 User activities
Please respect EF English Live and other users of the Service.
Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of EF or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content, such as viruses, worms, Trojan horses or any other contaminating or destructive features, or otherwise interferes with any user’s access to the Service or the proper working of the Service; (e) is intended to or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar (h) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (i) promotes commercial products or services; (j) interferes with the Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or EF’s computer systems or network, or breaches any of the Service’s security or authentication measures, or (k) conflicts with the Terms, as determined by EF.
Please be thoughtful about what you make public on the Service. The Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users of the Services or across the web, so please use the Service carefully and manage your account settings regularly. EF has no responsibility for your choices to make any actions or material public on the Service.
You are responsible for maintaining the secrecy of your EF English Live account (the "Account"), username and password. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please contact us here immediately and change your password as soon as possible.
In order for the Service to function effectively, you must also keep your registration information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
In our sole discretion, we may terminate your Account, or modify, reclaim or remove any username associated with your Account, for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account and/or the Service.
4. Technology limitations and modifications of the EF English Live online school
EF will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. EF reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand and agree that EF has no obligation to you to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
5. Privacy and Security Policy
Your participation in the Service and any personal information or other information about you collected by EF through, or in connection with, the Service is subject to our Privacy Policy: https://corporate.ef.com/partner/corp/terms/privacy.aspx
6. Limitation and indemnification
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Service, is to stop using the Service. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EF, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER EF HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF EF FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT UNDER THESE TERMS SHALL NOT EXCEED USD $50,000.
Nothing in these Terms removes or limits EF’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence to the extent permitted by law. You agree to indemnify, defend and hold harmless EF and its affiliates, partners, suppliers, and employees from any and all liability, claims, costs, or damages arising from your use of the Services or your breach of these Terms.
7. Miscellaneous
EF may assign the Terms or any part of it without restrictions. You may not assign the Terms, or transfer or sub-license your rights under this license, to any third party.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
Unless otherwise agreed or required by a mandatory law, these Terms are subject to the laws of Switzerland, without regard to choice or conflicts of law principles. Further, you and EF agree to the exclusive jurisdiction of the courts of Switzerland to resolve any dispute, claim or controversy that arises in connection with these Terms. The European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/.
If you would like to bring a matter to our attention, please contact us here: https://corporate.ef.com/customerservice/contactus/inschool
You agree that if EF does not exercise or enforce any legal right or remedy which is contained in the Terms (or which EF has the benefit of under any applicable law), this will not be taken to be a formal waiver of EF’s rights and that those rights or remedies will still be available to EF.
Thank you for reading our Terms. We hope you enjoy your Service.
