These general terms and conditions ("GTC") govern the terms and conditions relating to registration, access and use of the website https://lingofun.co/tr and the LingoFun Kids mobile application downloadable from the Apple App Store and Google Play (collectively, the "Platform(s)"), operated by Lingo Fun Inc. ("LingoFun"), a company registered in the State of Delaware under registration number 10217125, with its registered office address at 16192 Coastal Highway, Lewes, Delaware 19958, United States of America.
LingoFun Kids is LingoFun's proprietary product designed to enable children aged 4 to 12 years to learn foreign languages in an age-appropriate gamified manner. LingoFun Kids provides the following services (collectively, the "Service(s)"): learning foreign languages through gameplay; enabling parents and teachers to monitor and manage children's foreign language learning levels in real-time through tracking and reporting systems made available via the Platforms; staying informed of current developments by participating in surveys or subscribing to newsletters; and real-time communication through artificial intelligence-powered chatbots/digital assistants via the Platforms.
Acceptance of the GTC in force, the LingoFun Privacy Policy, the Privacy Policy for Children and the Cookie Policy (collectively referred to as the "Policies") is a prerequisite for accessing the Platforms and benefiting from the Services.
Natural persons wishing to benefit from the Platforms and Services ("User(s)") must register via the Platforms and accept all provisions of these GTC and the Policies.
Although the Services provided through LingoFun Kids are specifically designed for children aged 4 to 12 years, children under the age of 16 or under the age of majority in their respective countries may not open accounts on the Platforms. Children may only use the Platforms and Services with the consent of their legal guardian or representative (e.g. parents, foster parents, step-parents).
The User represents that they comply with the conditions of this clause and possess legal capacity. In the event that the User's legal capacity is partially restricted, the legal representative or guardian who will represent the User also understands and accepts the provisions of these GTC. Any damage and costs that may arise due to breach of this provision shall be entirely the responsibility of the User in breach or their legal representative or guardian.
Upon completion of registration and acceptance of the GTC and Policies, LingoFun shall activate the account that the User will create on the Platforms (the "User Account") and the contract between the User and LingoFun shall be concluded. LingoFun reserves the right to send an email confirming the registration to the email address specified by the User during the registration process.
Following the registration process, the User may add to the User Account information such as the name, age, current foreign language level and educational level of the child who will actually benefit from the Platforms and Services.
LingoFun shall not be liable for any damage arising from incorrect and/or erroneous information provided by the User.
LingoFun shall not be liable for any damage arising from the unauthorised use of the User's email addresses and/or passwords. In the event that the email address and/or password is forgotten, lost or falls into the hands of unauthorised persons, the User must follow the "Password Reset" procedures via the Platforms.
LingoFun may provide the Services entirely free of charge at its sole discretion, free of charge on a trial basis for a limited period, at a discount, or for a fee within various packages to be determined.
In the event that the User benefits from the Platforms and Services by purchasing a subscription for a fee determined within any package to be offered by LingoFun ("Subscription"), the User authorises LingoFun to charge fees on a recurring basis until the Subscription is cancelled. The frequency of charges depends on the Subscription period chosen by the User and is specified by LingoFun on the Platforms. Subscriptions shall automatically renew on the renewal date at the then-current fee unless cancelled by the User before the end of the Subscription period. Subscription fees are non-refundable. In the event that the Subscription payment cannot be collected using the payment method provided, LingoFun may cancel the Subscription without prior notice.
The payment process relating to the purchase of a Subscription shall be processed by a third-party payment processor, depending on the payment method selected by the User. Accordingly, the User shall be subject to the terms and conditions of the third-party payment processor. Following receipt of payment, an electronic invoice issued by the third-party payment processor shall be sent to the User. The electronic invoice shall be sent to the email address specified by the User during registration or shall be accessible from the User Account.
LingoFun reserves the right to offer Users discounts, discount codes that may be used within a specified period ("Discounts") and special offers and promotions ("Promotions") at dates and for durations entirely at its sole discretion. The availability and conditions of Discounts and Promotions shall be specified on the Platforms for the purpose of informing the User by LingoFun. LingoFun reserves the right to initiate, terminate and modify the terms and conditions of Discounts and Promotions entirely at its sole discretion. Such modifications shall be published on the Platforms without delay for the purpose of informing Users.
In order for LingoFun to ensure the proper provision of the Services, all payments under these GTC must be made by the User in a timely manner and without delay. In the event of delayed payment, LingoFun reserves the right, at its sole discretion, to refuse to provide the Services, terminate the contract with the User or suspend the provision of the Services.
The User may only benefit from the Services for non-commercial and personal purposes.
When benefiting from the Services, the User must not install viruses or malicious software on their computer or mobile device, nor engage in any conduct that renders the Platforms inaccessible or prevents their proper operation.
The User accepts that LingoFun may suspend the Services for a definite or indefinite period or terminate the Services for technical or operational reasons by giving notice to the User.
The User accepts that in the event of illegal conduct or conduct in breach of the GTC in force and all other terms and conditions determined by LingoFun, their access to the Services shall be prohibited and amounts previously paid for the Services shall not be refunded.
The User agrees to use the Platforms only for purposes permitted in these GTC and in all applicable laws, regulations and generally accepted practices or guidelines in the relevant countries. The User represents that their actions when using the Platforms shall not violate the laws, rules and regulations of (i) the country, state or region in which they are located or (ii) the country, state or region in which the Platforms are located or transmitted. This statement also includes compliance with applicable import and export restrictions and other restrictions.
"Intellectual Property Rights" refers to all intellectual and industrial property rights and similar rights arising from Law No. 5846 on Intellectual and Artistic Works, Law No. 6769 on Industrial Property or any other law or otherwise, including but not limited to trademarks, patents, designs, utility models, databases, work ownership, copyrights, domain names, preparatory work, in relation to all kinds of intellectual and industrial products including but not limited to all kinds of written content, visual content, information, databases, documents, specifications, plans and developments, hardware, software, design, interfaces and all kinds of additions, modifications, adaptations and adaptations thereof.
The User represents, accepts and undertakes that all registered or unregistered Intellectual Property Rights relating to LingoFun belong exclusively to LingoFun, that they shall not use such Intellectual Property Rights for any private or commercial purpose other than using them in accordance with these GTC, shall not reproduce, copy, attempt to modify, reverse engineer or distribute them in any way, in whole or in part, and that LingoFun shall have the right to claim all damages that LingoFun may suffer in the event of breach of this provision.
The use of the Platforms must not under any circumstances result in the decryption of source codes by any person or the infringement of LingoFun's Intellectual Property Rights in any way. Furthermore, the following are also prohibited: adapting or decrypting the content of the Platforms or any part thereof; creating User Accounts unlawfully; and using any application (search bot or any other decryption application) that causes modification or indexing of all or part of the Platforms.
Users may use the Services at their own risk and accept that LingoFun shall not be liable for any material or moral damage, loss or harm relating to the use of the Services, except for LingoFun's liability arising from its intentional or grossly negligent acts requiring criminal sanction.
LingoFun shall provide the Services with reasonable care and expertise expected of it and in accordance with market conditions; however, this does not constitute a guarantee as to the continuity or suitability of the Services due to the nature of the Services. LingoFun shall not be liable for any direct or indirect damages arising from technical failures and problems, interruptions beyond its control or applications or programmes belonging to third parties.
The Services are provided "as is" and "as available". LingoFun makes no warranty as to the suitability, reliability, timing, accuracy, precision, availability or fitness for a particular purpose of the Services.
LingoFun has no legal or criminal liability in relation to any conduct of Users or children.
LingoFun has no liability arising from force majeure, attacks, viruses, cyber piracy or bullying or any action that may be carried out by any third party.
These GTC shall remain in force and continue to produce their provisions and effects as long as Users or children access the Platforms and benefit from the Services.
LingoFun reserves the right to unilaterally amend these GTC and all integral parts thereof at any time, subject to giving at least 15 days' prior notice and complying with all consumer protection legislation in force, and to publish the amended GTC on the Platforms. The amended GTC shall apply to Services initiated before and after publication of the amendment.
The User may unilaterally terminate their access to the Platforms and use of the Services at any time without giving any reason and without paying any compensation. In such case, the User Account shall be closed by LingoFun immediately. However, in such circumstances, the User shall not be entitled to a refund under the Subscription purchased.
In the event that the User and/or child breaches these GTC in any way or engages in illegal conduct, LingoFun may suspend, restrict or cancel the User Account unilaterally and with immediate effect without paying any compensation. However, in such circumstances, the User shall not be entitled to a refund under the Subscription purchased.
In the event that LingoFun determines, learns or a possibility arises that the registration process and/or use of the Platforms has been carried out by a User under the age of 18 without the consent of their legal representative or guardian, or by a User with limited legal capacity without the consent of their legal guardian, LingoFun may request verification of the consent of the legal representative or guardian within a reasonable period (in any event within a maximum of 15 days). If the User cannot reasonably verify that the legal representative or guardian has consented to these transactions, LingoFun may suspend, restrict or cancel the User Account unilaterally and with immediate effect without paying any compensation. However, in such circumstances, the User shall not be entitled to a refund under the Subscription purchased.
These GTC shall be governed by the laws of the Republic of Turkey. The Istanbul Central (Çağlayan) Courts and Enforcement Offices shall have jurisdiction over all disputes and controversies arising from or relating to these GTC. In all disputes arising from these GTC, LingoFun's books, documents and computer records shall constitute priority evidence pursuant to Article 193 of the Code of Civil Procedure No. 6100.
In the event that any provision of these GTC is or becomes invalid or unenforceable for any reason, the provision in question shall, if possible, be amended by LingoFun rather than being deemed void. In any event, all other provisions of these general terms and conditions of use shall continue to remain valid and enforceable to the extent possible.
Silence in the face of practices, notifications or other conduct contrary to these GTC shall not mean that this right will not be exercised and has been waived, nor shall it constitute an amendment/modification in this direction.
LingoFun reserves the right to place content or materials relating to advertising, promotion or marketing on the Platforms and Services at any time.
LingoFun may assign its rights and obligations arising from these GTC in whole or in part to third parties at any time without notice to Users.
LingoFun reserves the right to make changes or corrections to the Services without prior notice. LingoFun also reserves the right to change the domain name of the Platforms or to make any changes relating to the Platforms at any time.
For all questions and requests relating to these GTC, the User must contact LingoFun at the email address info@lingofun.co.
By using LingoFun, you acknowledge that you have read, understood, and agree to be bound by these General Terms and Conditions of Use.