Terms & Conditions

1. Field of Application and Contracting Parties

1.1. Our Terms and Conditions apply to all users of the Internet platform “Xilfee.eu” whether registered or as visitors hereinafter referred to as "the user", “user”, “her(-self) / him(-self)”. “her / his”, “she / he”.

1.2. This site and its services are operated by or on behalf of Xilfee, Nottinghamshire, UK. The operator of the internet platform Xilfee is the contracting party for all users hereinafter referred to as Xilfee, “us” or “we”. You can contact us either through Skype - address listed under the left hand menu, or via e-mail - via the link in the footer available on each webpage.

1.3. The users contract with Xilfee begins upon the earliest occurrence of:
a) the user completing the registration process and confirming that they have read and accepted these Terms;
or
b) the user viewing, accessing or using any service offered by us which does not require registration.

1.4. If a user doesn’t agree with these Terms - for any reason - she / he must leave the internet sites of “Xilfee” immediately.

1.5. Students and hosts (all profiles) accept that their profiles will be available for the viewing of the general public throughout the world.

1.6. By accessing these services (with or without registering for those services) or returning to the site at a later date, the user accepts that she / he is bound by the Terms of service as laid out here at the time of her/ his access. The user should therefore check these Terms each time she / he uses any of the services. We suggest that she / he prints out and keeps a copy of these Terms for her/ his records. These Terms shall apply to all of Xilfee's services.

1.7. No legal right guarantees the use of the internet sites of Xilfee.

1.8. The legislation of the United Kingdom applies to all legal relations of the contracting parties’ excl. the general UN trading regulations as far as no compelling laws oppose, in particular consumer protection regulations. These terms shall be governed by and interpreted in accordance with the laws of the United Kingdom. The Terms and Conditions are available in the following languages:

  • English

If there is any conflict between the translated Terms and Conditions then the English version shall prevail.

1.9. Xilfee reserves the right to check via a registered agency, that the person’s details given match with his or her address.

2. Guarantee

2.1. Xilfee guarantees a suitable offer on the Internet in accordance with the actual state of technology. Programs which are totally error free are not possible due to frequent technology advances.

2.2. The user understands that certain data may not always be available all of the time and occasionally, not at all.

2.3. Any “Premium Membership” purchased with a the payment of a fee, will be extended by the duration of disturbances or interruptions caused by Xilfee as long as these arise for more than 48 hours within the Membership period (continuously or added).

2.4. Xilfee is not liable for the correctness of the data as put on by students or host families or the availability of dates.

2.5. Xilfee does not guarantee a contact between students and host families and all information on the site or elsewhere pertaining to Xilfee is provided without warranties of any kind, either expressed or implied.

2.6. Xilfee cannot guarantee that its site will be free of infection or contamination of Trojan Horses, worms, viruses or code which eventually manifest as destructive. The user of Xilfee promises to undertake sufficient procedures to protect his or her computer and software against the possibility, real or otherwise, of viruses, worms, Trojan Horses and any other destructive possibility, downloaded or otherwise, from the site.

3. Agreement

3.1. Xilfee operates an internet platform for students (potential students) and host-families (potential host-families/translators/teachers). The most important part of the platform is the facility to offer tuition and / or hosting to foreign students and for a student to register in order to find suitable tuition or a host family. Registered users have the possibility either to find a suitable host-family or to find a student of either sex.

3.2. Unlike standard language exchange agencies, Xilfee does not act as an agent. The actual procedure is made between registered users i.e. registered users are required to make contact with one another and arrange further procedures.

3.3. Xilfee only allows the use of the basic data base by its registered users. The use of the data base can be connected with certain conditions, i.e. check of the registration data as well as the contact and address data. Potential members are able to see very basic profile details without registering on the database prior to searching.

3.4. Parts of Xilfee’s services may have to be paid for. The prices for these services are specified on the host & student registration forms.

3.5. A legal claim exists as far as the state of technology. We will not be liable to the user for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control, e.g. system break-down (see section 1).

3.6. The user agrees that we may transfer the performance of any of our obligations or may assign these Terms or any of our rights or obligations totally or partly to a third party at any time and without prior notice.

3.7. We make no warranty to replace any time-proportional repayment of the “Premium Membership” fees in case of exceptional notice of termination of service.

3.8. The user has the right to cancel the contract but she / he has to notify us by e-mail. Certain conditions apply (see section 14.4).

3.9. Xilfee reserves the right to check and verify ALL profiles prior to making them visible within its website, or allowing applications to / from that profile holder, this includes profiles of paid Premium Members.

3.10. Xilfee takes no responsibility for the renewal of subscriptions, and any additional costs incurred to a member who fails to do this in a timely manner resulting in higher fees.

4. Obligations and misuse issues of the user

4.1. The user guarantees the correctness of her / his data made with the registration as a student or a host family. The user guarantees that her / his profile is in accordance with the legislation, official regulations and not conflicting with national policy and public morals.

4.2. The user commits herself / himself to keep the rules described in the code of behaviour.

4.3. The user agrees to abide by the regulations of the host country completely. Further the user commits her / him to maintain “Xilfee's” fundamental idea of the students’ duration of stay.

4.4. Xilfee reserves the right to refuse to list, suspend or delete profiles or to edit content should it be deemed necessary if it is felt the profile is inappropriate for our service.

4.5. Should there be any untruths, inconsistencies or willful misinformation, Xilfee reserve the right to delete the profile and there will be no recourse for monies paid for Premium Membership or loss of revenue to the user, should it apply.

4.6. Profile users of Xilfee agree to not post anything illegal, obscene or indecent material, threatening, abusive, defamatory or unpleasant material.

4.7. If the misuse is felt to be serious, Xilfee will not hesitate to press charges.

5. Registration as a student or host family

5.1. One has to be registered either as a student or as a host family to use the “Premier Membership” services of Xilfee.

5.2. Applications must be from 'real' (none automated) individuals wishing to register themselves as a host family to find a male or female student. Before the registration the user should inquire whether she / he may host a student in accordance with the legislation of her / his country of residence.

5.3. Applications must be from 'real' (none automated) individuals wishing to register themselves as a student looking for a host family. Before the registration the user should inquire whether she / he are legally welcome in accordance with the legislation of the desired host country.

5.4. Persons under age as well as corporate bodies are forbidden to register.

5.5. Each registration must be completed by the individual whose details are posted. A registration via a 3rd party is forbidden. Each user is only allowed to register once. Repeated registrations are forbidden and will be removed. Also, if payment is received for such postings, refunds will not be given.

5.6. Personal data must be completed fully and correctly during the process of registration at Xilfee i.e. first name, surname, the current address (no P.O box) and telephone number, as well as a valid email address.

5.7. Each user is obligated to correct her / his data immediately if a change of the indicated data occurs after the registration.

5.8. Unless written permission from Xilfee has been given, registration is forbidden for owners and employees of other language exchange agencies as well as other competitors of Xilfee. A registration for the purpose of advertisement or to offer services and products is forbidden. If owners and employees of language exchange agencies as well as other competitors register with Xilfee despite this prohibition, they are obligated to pay a contractual penalty of £10,000 (ten thousand pounds sterling) for each individual case. This contractual penalty is to be paid independently of the actual damage. Apart form the contractual penalty, Xilfee reserves the right to sue for compensation.

5.9. There is no legal right guaranteeing any users registration with Xilfee. Xilfee reserves the right to delete mismatching registrations without previous consultation. A registration is regarded as mismatching, if incomplete or incorrect data is given or a qualification stated by a language tutor or student is doubtful in the opinion of Xilfee.

5.10. Data of contact information - Unless prior permission has been granted by Xilfee, the user is not allowed to include contact data in fields or texts which aren’t explicitly intended for it. This applies in particular to the free text fields (e.g. “Family description”, “Your Ideal Host/student”, etc.). Such information which should be excluded, would be Skype numbers / addresses, telephone numbers, mobile / text numbers, address details, links to personal websites or social networking profiles etc. All information which can be used to get in contact with a profile holder outside of Xilfees intended functionality is considered as contact data under evasion of the “Premium Membership” terms. In this case the registration is deleted by Xilfee. We reserve the right to sue the user for compensation. Further we reserve the right to publish users (including photograph), who offended against this rule to warn other users against entering into an agreement with them.

5.11. Xilfee reserves the right to amend any & all data input by the registering party on review of their application profile. This may include summerising application details in the free text fields where these have been left blank.

5.12. Xilfee reserves the right to remove the profiles of any members deemed to be abusing this system, or acting against the spirit of the website. This would include, but is not limited to a) the collection of other members e-mails with the intention of performing a mass e-mail communication to these members, b) any act of 'spamming' other members e-mails c) the collection of other members details with the intention of distribution to third parties.

6. Use of Xilfee services

6.1. The user is allowed to use the services of Xilfee for non-commercial purposes only; any use of Xilfee is subject to strict compliance with these Terms. We grant the user a non-transferable right to view and use the service.

6.2. It is the user’s responsibility to ensure the security of her / his password to access the service. A breach of these Terms by anyone to whom the user discloses her / his password will be treated as a breach by the user.

6.3. The personal data (in particular contact data) of students or host families are to be treated strictly confidentially. It is forbidden to pass on contact data to other users or to a third party unless specifically in regard to the personal use of finding a host or student, such activity either by way of downloading software from the site, including any images and files, images incorporated in or collected by the software and date accompanying the software, information from the site copied, reproduced, republished, uploaded, posted or transmitted, used, re-sold, decompiled, copied, copied and adjusted, reverse engineered, disassembled, reduced or reuse of the software without the prior permission of Xilfee. Such behaviour shall be deemed unacceptable by Xilfee and such breaches will be dealt with severely.

6.4. The named user shall be a sole user; therefore use is for the named user only and no other person.

7. Trademark Protection

7.1 In the case where the user has protected trademark(s) within her / his profile, Xilfee is permitted to use it. The user (either host or student) assures that she / he is entitled to give Xilfee permission to publishing.

7.2. The user assures that all copyrights, trademarks, patents and other intellectual property rights in any material or content (including information, text, photographs, graphics, logos, symbols, artwork and other material) contained in her / his profile is either owned by the user or has been licensed to her / him by the rights owner(s) for use.

7.3. The user guarantees that she / he has the copyright of the used texts.

7.4. If the use of supplied trademarks is forbidden, the user agrees to pay for all requirements of a third party regarding Xilfee. The same case applies to copyrights.

7.5. The user exempts Xilfee from all requirements of other users or third parties regarding copyrights, trademarks, patents and other intellectual property rights in any material or content (including information, text, photographs, graphics, logos, symbols, artwork and other material) contained in her / his profile. The user is liable for all costs of the defence regarding Xilfee including all court and lawyer costs. This doesn’t apply to infringement of rights which are not connected to the user.

7.6. The user understands he or she is totally responsible for his or her information including written text, photographs, graphics, logos, symbols, artwork and other material contained within his or her profile and understands that he or she is responsible for such materials within their profile do not infringe upon any copyrights, trademarks, patents or other intellectual property rights in any material or content relating to the aforementioned and as such, should any content upon the user’s profile be found to be in breach, the user undertakes to pay any monies requested and understands Xilfee is in no way obligated to become involved or is responsible for any monies requested by the wronged party. Also, the user understands that Xilfee may take action against the user for damages or time spent regarding the case.

8. Liability regarding content of Profiles

8.1. The user is liable for the content, in particular its correctness and legal validity as well as the entered texts or pictures published in her / his profile at Xilfee.

8.2. Xilfee is not obligated to examine the user profiles regarding the impairment of the rights of a third party. The user is obligated to exempt Xilfee from requirements of a third party which should arise from the publication of her / his profile.

8.3. The user is liable for all damages to Xilfee which results from the presentation of her / his profile and / or will develop in the future; except when the user isn’t the cause of damage.

8.4. Xilfee is not liable for the correctness of any information given by the user (host family or student).

8.5. All inaccuracies or carelessness in the user profiles published at Xilfee lies exclusively in the responsibility of the respective user.

8.6. All agreements are reached under exclusion of liability of Xilfee. This applies in particular to all errors, carelessness or criminal intents of a user.

8.7. Xilfee accepts no responsibility for either host or student being mislead regarding information on Xilfee when written by either host or student, or student or host being mislead in any way thereafter. It is up to the individual to check and satisfy themselves that the person posting is genuine. Xilfee cannot be in anyway held responsible for the safety or otherwise of any individual on the database, it is entirely up to the individual to make and maintain adequate checks on the suitability of host or student. Xilfee wish to emphasize that no checks on the suitability of any of the profiles listed are taken and in no way does Xilfee endorse any database user as suitable. Xilfee makes no representations of the character of any profile.

8.8. Xilfee cannot be held responsible for any events which transpire through the use of our service or database.

8.9. Xilfee will not be held liable or responsible for any material which is not posted onto the website by a member of the staff of Xilfee.

9. Data protection

9.1. The user agrees with the data protection declaration. This can be seen here.

9.2. Xilfee can close a user account if the user disagrees with the data protection declaration or revokes it.

10. Right of Cancellation and Notice of Agreement

10.1. Xilfee can and will exclude individual registered users in the case of an offence(s) against Terms and Conditions, for conflicts with national policy and legislation of the United Kingdom, code of behaviour, public morals and laws as well as rights of a third party or if Xilfee has an otherwise justified interest but has not indicated a reason.

10.2. Users will not receive a refund on her / his fees for the “Premium Membership” in case of an exclusion regarding to points 3. or 4.

10.3. As soon as a user is excluded she / he is no longer allowed to use Xilfee. Further, the excluded user will never be allowed to register again.

10.4. Should the Excluded user persist and try to re-register either as him / herself or as alias, punitive damages of £10,000 per occurrence will be charged plus legal recourse.

10.5. Each user is allowed to delete or suspend her / his registration at any time.

10.6. Refund Policy - In accordance with European consumer protection legislation (distance selling), your premium membership may be cancelled within 14 days after you have submitted your payment but you must not have already used the service.

10.7. You may stop your Payment and Premium Membership at any time without specifying the reasons within 14 days after you have made your payment provided you have not used the service.

10.8. Xilfee does not refund if you have already viewed any student or family profile after activation of your Premium Membership.

10.9. Once you are a premium member and have accessed any student or family profile or sent or received a message from a student or family, our premium membership service is deemed to be provided completely.

10.10. Double Payments - Very occasionally we experience cases of double payments. We will refund the second payment instantly. In case you have paid twice we ask you to let us know as soon as possible so that we can refund the extra amount.

10.11. Pro-rated Refunds - If you cancel your registration with Xilfee prior to the end of your membership period, Xilfee will not provide a proportional refund.

10.12. Should you experience technical problems or are not able to login to your account on Xilfee, please check the Questions & Answers pages on Xilfee. If you need further help, you may contact us using e-mail. We will then try to resolve the problem as soon as possible.

11. Liability

11.1. Xilfee publishes information for users, either student or host family which represent actual, valid regulations and laws at the time of publishing as far as we are informed. This is for the users’ (student or host family) information only. Xilfee does not guarantee or make any warranty that this information is complete, correct or applicable. The user (student or host family) has to inquire her / himself if she / he is allowed to host a student or if the student is allowed to study in the potential host country.

11.2. If you think that any profile is a SCAM, please let us know immediately. If any profile tries to get you to send money and you feel uncomfortable about doing so, inform us immediately - do not send money unless you are sure about the person. Xilfee is not held responsible for any scam. Each individual must undertake sufficient research and checks such as to satisfy him or herself of the host or students probable suitability before proceeding.

11.3. We strongly suggest not sending money via Western Union or in advance of your stay without being sure of your host or student. Such measures of security keep this site safe.

12. Further Notes

12.1. In all other respects Xilfee is liable according to the legal regulations of the United Kingdom. If Xilfee (incl. its employees and representatives) acted willfully and in gross negligence and the user asserts an injury of her / his mind, body or health and / or handicaps. The payment of compensation is limited to the stated injury / handicap.

12.2. The liability is always limited to the foreseeable, typically occurring damage.

12.3. In case of gross negligence, Xilfee is liable according to the legal regulations of the United Kingdom. In this case however the obligation to pay damages is limited to the foreseeable, typically occurring damage.

12.4. Traders are not allowed to register with Xilfee and so the legislation of traders doesn’t apply. If this does not apply to individual cases, any liability is generally excluded by Xilfee.

12.5. Additionally Xilfee is unrestrictedly liable according to the regulations of the product liability law. In all other respects the payment of compensation is impossible.

12.6. The right of improvement regarding reduction / cancellation of the contract are at the discretion of Xilfee.

13. Links

13.1. Xilfee will not be held liable or responsible or endorse any link from its website to services, other businesses or individuals on or outside of Xilfee, via the website or other. Links are provided as a convenience to the viewers of Xilfee and no more.

13.2. A link to a site from Xilfee or a comment on Xilfee regarding a product or site outside of Xilfee is not an endorsement and Xilfee is not responsible or takes any liability with regard to links or comments on or from its website.

14. Final Conditions

14.1. The location of Xilfee is Newark-on-Trent, UK

14.2. If the user is a trader, a corporate body or if she / he does not have her / his general place of jurisdiction in the UK, any disputes arising hereunder will be settled before a competent court of law. Xilfee reserves the right to sue the user at any other approved place of jurisdiction as well.

14.3. Xilfee is based within the United Kingdom and all terms and conditions if challenged will be subject to the law of the United Kingdom.

14.4. Statements which are sent in accordance with the agreement between the user and Xilfee must take place in writing. These statements have to be passed on to the Senior Administrator, via the email address link below.

14.5. Xilfee reserves the right to change their Terms and Conditions and without notice at any time by posting changes online. Changes will be indicated on this webpage and made accessible to the user. The changed parts of the Terms and Conditions may be highlighted for two weeks. The users continued use of the website (or any part thereof) following such changes shall be deemed to be the user’s acceptance of such change and the most current version of the Terms and Conditions of use.

14.6. If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

15. Copyright

15.1. Xilfee, From All Around the World and its logo, database, design and other intellectual property rights are the property of From All Around the World and Xilfee and no use of the Xilfee and From All Around the World logo is permitted without express written permission of From All Around the World and Xilfee.

These are the general Terms and Conditions (“Terms”) governing user access and use of the content and services of “Xilfee” offered to the user by

Xilfee
Newark,
Notts.
United Kingdom




Updated August 6th 2010: -
Clause 1.2 altered to specify contact methods.
Clause 3.4 amendment to area of website where cost of premium membership is details.

Updated August 19th 2010: -
Clause 3.9 added.
Clause 3.10 added.
Clause 14.5 amended, update to Terms & Conditions notified on this page rather than at log in.

Important notes: