Terms and Conditions

Effective from 25th May 2018

The Gist

We (the guys and gals at Kwiziq Ltd) offer a free "language coaching" Service, with optional paid subscription plans that provide additional features. Kwiziq’s Service ("Service") is to help you improve your foreign language skills. The name "Kwiziq" comes from "quiz" + "I.Q." (intelligence, we're an artificial intelligence company, geddit?). Our Service uses Artificial Intelligence ("AI") software to analyse data we collect about your language skills in order to tailor learning content and recommendations to your needs. Kwiziq’s Service is delivered via our website and in some cases the websites of our selected education partners (see below). 

You may create one account with us and it must faithfully represent you, you alone and no-one else. Only you may use your account.

When you create an account (whether free or paying) you become a customer of our Service. Our intelligent language coaching Service requires us to be able to communicate with you (obviously) and we may communicate via different channels. When you give us your email address (by registration or using "social login" features), you give us permission to use it to send you emails as part of delivering the Service. Our emails may concern your account, your progress, access to features, and anything else appropriate to help you improve your foreign language skills. We can’t deliver this Service to you effectively without this permission, so please don’t create an account unless you are happy for us to email you. That said, we classify emails in different categories and you can unsubscribe from any or all classes of email that you don’t want to receive; we will explain the impact of doing so for each class of email. You can change your communication preferences at any time.

If you decide to upgrade to Kwiziq Premium, you are responsible for properly cancelling your subscription, which you can conveniently do online at any time or by writing to us if you need help. If for any reason you are unhappy with your Kwiziq subscription purchase, we offer a 7-day no quibble money-back guarantee for all new paying subscribers, so you can try out the Service without risk.

We claim no ownership rights over any content submitted or created by you during the use of your Kwiziq account; any content that is yours remains yours and your responsibility. However, by posting content you grant us the right to use it, royalty-free, without attribution, forever, in any way.

If you break our terms or abuse the service we may block or ban you from using the Service, or even delete your account and data.

If you write to us misspelling Kwiziq ("Kwizik" "Kwizig" "Quizik" or any other stupid combination of letters) we will send Laura round to school you in spelling and seriously, you don't want that. She's way harsher than KwizBot. It's only six letters, it's not that hard, so please, just stop already. How would you like it if we misspelled your name?

You wouldn't.


Terms of Service

These Terms of Service are a contract between you and Kwiziq Ltd. (referred to in these Terms of Service as "Kwiziq", "The Company", "us", "we" or "our"), the provider of the Kwiziq website and the Services accessible from the Kwiziq website (which are collectively referred to in these Terms of Service as the "Kwiziq Service"). Full Company details are at the end of these terms.

You are agreeing to be bound by these Terms of Service. If you don’t agree to these Terms of Service, please don’t use the Kwiziq Service. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.

Your Account

  • Your account must be registered by a human (you) and represent you, and you alone. You mustn’t create more than one account or share your account with anyone else unless you have specific requirements to do so and we have agreed to you doing so in writing.

  • Accounts registered by "bots" or other automated methods are not permitted.

  • Kwiziq is designed for adult language learners and may contain adult language and themes relevant to language learners. You must be 16 years of age or older to use Kwiziq, or have the consent of a guardian who will take responsibility for your use of the account.

  • You must provide a valid, permanent email address, along with any other information required by Kwiziq during the registration process. If you use Kwiziq, you are responsible for maintaining the confidentiality of your Kwiziq account and password and for restricting access to your computer; and you agree to accept responsibility for all activities that occur under your account or password.

  • You may not use the Kwiziq Service for any illegal or unauthorized purpose. You must not, in the use of the Kwiziq Service, violate any laws in your jurisdiction.

  • Kwiziq reserves the right to refuse Service, terminate accounts, remove or edit content in its sole discretion.


Privacy and your data

In order to deliver the Service, we collect some basic personal information about you (e.g. name, gender and any other information you volunteer to put on your profile).  We do not harvest personal information without your knowledge, and you can see and update the information we maintain in your account area.   We also collect data about your language knowledge and skills through your use of the Service as well as data about how and when you use our Service. We analyse these data to determine how best to help you improve your chosen language skills and make appropriate recommendations.

Some or all parts of Kwiziq’s Service may be delivered by our education partners or affiliate language schools (see below), who use our software to enhance the way they teach languages to their students.

If you register with Kwiziq via one of our affiliate or partner sites (see below), then we may share some of your data with them in order that they can deliver our Service, or any value-added Services they provide in conjunction with our Service to you. If you take one of our language tests on one of our partner sites (see below) then we may additionally share your contact details with them so that they can communicate with you about your test results in relationship to their services. We will only share the data required to provide the Service.

We do store data about how much you have paid to use the Service, but we don’t store any credit or debit card numbers.  These details are maintained securely by our payment providers Stripe (stripe.com) and PayPal (paypal.com).

We will continue to store any data we collect about you unless you ask us to delete it. If you ask us to delete your account we will do so. If you have no financial history with us, we will delete your account and associated personal details.  We may keep some anonymised Service usage data but it will no longer be identifiable as created by you. If you have ever paid us for the Service, we will maintain the minimum amount of personal information required for proper financial record keeping, and delete, encrypt or anonymise any remaining data that we are obliged to keep.

You can read more about the data we store about you and how we use it in our Privacy Policy.

Payment & Refunds

Kwiziq subscriptions and payments are handled by 3rd-party transaction handlers (Stripe and Paypal). Our payment handlers store your debit or credit card details in an encrypted form. The Kwiziq Service is billed in advance in accordance with our pricing schedule.

Subscriptions renew automatically every month, quarter, year or two years, depending on which term you originally choose. You can cancel autorenewal at any point (see below) and your Premium subscription will end at the end of your current term.

We don’t offer refunds or credits for partial use of a subscription term (month, quarter, year or two years), except in the case of our 7-day money back guarantee (see below). For example, if you pay for a year, but only use your account for six months, we won’t refund you for the unused portion. If you don’t want to commit to a year, then we have shorter billing cycles (monthly and quarterly terms) for this purpose. We also heavily discount longer terms on the basis that you are likely to have periods where you are not actively studying, so "study holidays" are already built into the pricing structure.

Subscriptions pay for access to Kwiziq’s Service in one target language only. We offer automatic "polyglot discounts" for additional subscriptions to additional languages you wish to study.

We will add VAT (sales tax) to subscription prices where we are obliged to do so.

Transferability

Premium subscriptions are not transferable to other people or accounts. We may, at our sole discretion, agree to a request to transfer a subscription to a different account. For example, we may allow you to open and operate a second account and transfer your subscription across to that if this represents a workaround for some technical limitation to the Service with the account you originally upgraded.

Premium subscriptions are not transferable to other languages, so if you decide to stop learning one language but want to start another you can’t transfer your subscription across and will need to purchase a new one. You can still take advantage of our polyglot discount so long as you upgrade while your first subscription is still active.

7-Day Money Back Guarantee

If you are a first-time customer and you are unhappy with the Premium Service, you may request a refund within seven days of payment and we will refund your Premium subscription fee in full. This guarantee is intended to allow you to try our Service risk-free.

If you have been a paying customer previously, or already tried our Premium Service for free, then we reserve the right to decide whether to refund you based on the reasons you give us for requesting a refund. We want happy customers and we take complaints and feedback very seriously, so if you have a reasonable claim, we’ll do our best to resolve your complaint to your satisfaction.

We also take account abuse seriously; anyone found abusing our free trial system or our 7-day guarantee to avoid paying will be blocked and banned permanently from using the Service.

Cancellation

You alone are responsible for properly cancelling your subscription. You can cancel at any time from your account area, or by contacting us. You must write to us from the email address associated with your account. If you cancel autorenewal then your current term will run to completion.

If you forget to cancel and your subscription renews, you may request a refund so long as you contact us within 7 days of the renewal and if you have not used the account since it renewed. We will not refund you if you leave it longer than 7 days or use your account after your subscription renews.

All provisions of this Agreement which by their nature should survive cancellation or termination shall survive cancellation or termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Spam Policy

Email is critical to us delivering our Service to you effectively and we take spam very seriously. We have a very strong anti-spam policy. We do our best to make our email policy completely transparent and easy to opt out from. We include unsubscribe and communication preferences links in every email we send and you agree to use those to keep us informed about which emails you are happy to receive from us. Please note that reporting any of our emails as "spam" via your email provider instead of unsubscribing is a violation of this contract and will result in your account being blocked; this is to prevent any further emails being sent by us and also to initiate dialogue to help resolve any confusion (we understand that sometimes people click things like this by mistake). You can request that your account be reinstated via our contact form, at which point we kindly request you lift the spam complaint to resume service and review your Service communication preferences to ensure they match what you want.

Modifications to the Service, Terms and Prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Kwiziq Service (or any part thereof) with or without notice. However, we will make our best effort to notify customers of any upcoming system maintenance and/or Service disruptions.


Prices of all Kwiziq Service plans are subject to change. We may at our discretion allow you to continue paying the price you originally subscribed for. If we raise the price of your subscription, then we will give you adequate notice and any price changes will come into effect when your subscription next renews. Our usual cancellation policy applies.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Kwiziq Service.

We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.

If any future changes to these Terms of Service are unacceptable to you, or cause you to no longer be in compliance with them, you must immediately stop using the Kwiziq Service. Your continued use of the Kwiziq Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Kwiziq Service, including the release of new tools and resources, will be subject to these Terms of Service.

Intellectual Property and Content Ownership

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of Kwiziq or its content suppliers and protected by British, European and international copyright laws. The compilation of all content on this Website is the exclusive property of Kwiziq and protected by British, European and international copyright laws. All software used on this Website is the property of Kwiziq or its software suppliers and protected by British, European and international copyright laws.

Other trademarks, Service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Kwiziq or third-party trademarks.

We claim no ownership rights over the content submitted or created exclusively by you in your Kwiziq account. Any content that is yours remains yours and your responsibility. These Terms of Service do grant us the right to display, use, re-use your submitted content and to provide the Kwiziq Service to you and other users, royalty-free, and without attribution forever.

Product Ideas

We love hearing your ideas about the product and how it may be improved; we do our best to respond and facilitate good ideas as quickly as possible.  You may therefore choose to or we may invite you to submit comments or ideas about current or future offerings from Kwiziq, including without limitation potential improvements to Kwiziq products or Service ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Kwiziq under any fiduciary or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

Publicity

You agree that Kwiziq, at its sole discretion, may use any submitted content or testimonials in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website if you have provided one) for the purpose of advertising or publicising your use of Kwiziq products or Services. If you mark your profile as private, then we will do our best to hide your details from public view but we do not guarantee to do so if you have posted information in public areas of the site.

Indemnification

You agree to indemnify and hold harmless Kwiziq, its partners, affiliates, directors, officers, shareholders, and employees, against any and all claims and expenses, including reasonable legal fees arising out of your use of the Website, including but not limited to out of your violation of this Agreement.

You agree to use the Website only for lawful purposes. You agree to indemnify Kwiziq, its partners, affiliates, directors, officers, shareholders and employees against any usage of the Website you undertake that may lead to legal recourse by any 3rd party.

Disclaimer

The Kwiziq Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Kwiziq is a distributor and not a publisher of the content supplied by third parties; as such, Kwiziq exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Kwiziq Service. Without limiting the foregoing, Kwiziq specifically disclaims all warranties and representations in any content transmitted on or in connection with the Kwiziq Service or on sites that may appear as links on the Kwiziq Service, or in the products provided as a part of, or otherwise in connection with, the Kwiziq Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Kwiziq or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty.

Price and availability information is subject to change without notice. Without limiting the foregoing, Kwiziq does not warrant that the Kwiziq Service will be uninterrupted, uncorrupted, timely, or error-free.

Kwiziq Service Partners

The Service may be delivered to you via this website or one of our associated Partners, Affiliates, or Resellers. More information: Kwiziq Service Partners

The Company

Kwiziq and our Service is owned and operated by Kwiziq Limited, an English limited liability company with company number 8278198. Our registered address is Kwiziq Ltd, Suite 432, 41 Oxford Street, Leamington Spa, CV32 4RB. Our registered address is not a customer service address. Please contact us via the website or email us at info @ kwiziq.com if you have any questions about our terms, or have any other query.

 

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