Terms and Conditions
We have set out below the terms and conditions which regulate the business relationship between you and us. Please read these carefully before using our website. 1. Parties We are Matt Kitchen and Fiona Kitchen trading as XILFEE of Newark, Notts, England, United Kingdom and You are a visitor to our website or a customer who has agreed to purchase services from us through our website. 2. Definitions In this agreement ‘our Website’ means the entire computing hardware and software installation that is or supports our website; ‘services’ means any of the services we offer for sale on our website and include generally available updates support services as far as specified; ‘content’ means any material in any form published on our website by any third party with our consent; ‘material’ means any content of any sort posted by you on our website; ‘profile’ means the personal information that you provide to us which is posted on our website 3. Registration 3.1 By registering either as a student or as a host family you warrant 3.1.1 That you are a natural individual wishing to register either as a student or as a host family. 3.1.2 That your registration is lawful in accordance with the legislation for your country of residence 3.1.3 You are not under 18 years of age. Parents may register on behalf of under 18s, but this must be clear in the registration. 3.1.4 That you have never been convicted of any criminal offence of a sexual nature 3.1.5 Corporate bodies must register under the correct membership level, and not as a basic student or host family 3.2 We require you to complete all the personal information requested on the application form on our Website which may from time to time change. The profile which is posted must include: - 3.2.1 Accurate personal information and by posting your profile you warrant that the information you have provided is accurate, honest and truthful 3.2.2 All the personal details requested by us 3.2.3 A picture of you; this must be up to date and if a group picture, make clear which person you are. We reserve the right to remove or reject any photographs that appear unclear or may confuse other users 3.3 We reserve the right not to post any profile that does not meet our specific requirements or to remove or delete any profile that is subsequently changed or does not meet our current criteria. 3.4 You are responsible for making certain that your profile is correct and up-to-date and that any amendments are posted promptly. 3.5 It is specifically prohibited for the owners and employees of other language exchange agencies or any of our other competitors to register and we reserve the right to immediately terminate any contract in the event that this takes place. 3.6 You are not permitted to advertise or offer services or products through your profile other than for the purposes of offering Services. 3.7 You are not permitted to include contact data within your profile including but without limitation Skype numbers, addresses, telephone numbers, mobile text numbers, address details, links to personal websites or social networking profiles and we reserve the right to amend or delete and remove any profile which includes such contact information. 3.8 Addresses, telephone numbers and mobile telephone numbers can only be placed in the relevant form fields 3.9 We reserve the right to remove or delete any profile that in our opinion is unlawful, harmful, dangerous, or inactive, including existing subscription members where applications are consistantly ignored. 3.10 We reserve the right to amend data input by you including summarising details in the free text field. 4. Our student services 4.1 Our Services for students enable any individual to post a profile indicating that they wish to take advantage of services offered by a host or tutor. 4.2 We make a charge for providing the Services which may from time to time change. 4.3 Registering for our Services is free but a charge is made when you want to make contact with a host or tutor in any country. 4.4 We make no representation or warranty about the quality of the services offered by a possible host or tutor who have posted a profile on our website. If you want to take advantage of any of the services offered by a host or tutor then you must take all steps to satisfy yourself that the services offered are suitable and adequate for your purposes and that the host or tutor are who they say they are. 4.5 We make no representation that the services offered by other users of the Website are adequate for your needs and you must undertake whatever checks you consider appropriate for the services you require to ensure that your requirements can be met by the other user. 5. Our host/tutor services 5.1 Our services for individuals enable an individual or individuals to post a profile indicating that they offer hosting and or language tutorial services.
5.2 We make no representation or warranty about students who have posted a profile on our website. If you want to offer any services as a host or tutor then you must take all steps to satisfy yourself that the services offered are suitable and adequate for the students’ purposes and that the student is who they say they are. 5.3 There are various levels of membership offered to you which may change from time to time and we reserve the right to do so without notice. In the event of there being a change during the currency of any membership agreement you will be entitled to the benefits of the terms of the current agreement until it ends. 5.4 We make no representation that the services offered by other users of the Website are adequate for your needs and you must undertake whatever checks you consider appropriate for the services you require to ensure that your requirements can be met by the other user. 6. Privacy 6.1 The information we collect via the Website may include : 6.1.1 Any personal details you knowingly provide us with through forms and our email, such as name, address, telephone number etc. 6.1.2 Your IP Address, this is a string of numbers unique to your computer that is recorded by our web server when you request any page or component on the Website. This information is used to monitor your usage of the Website. 6.1.3 Data recorded by the Website which allows us to recognise you and your preferred settings, this saves you from re-entering information on return visits to the site. Such data is recorded locally on you computer through the use of cookies. Most browsers can be programmed to reject, or warn you before downloading cookies, information regarding this may be found in your browsers ‘help’ facility. 6.2 What we do with your information. 6.2.1 Any personal information we collect from this website will be used in accordance with the Data Protection Act 1998 and other applicable laws. 6.2.2 We may use third parties to carry out certain activities, such as processing and sorting data, monitoring how customers use the Website and issuing our e-mails for us. Third parties will not be allowed to use your personal information for their own purposes. 6.2.3 We do not store your credit card details, nor do we share these details with any 3rd parties. 6.3 Your Rights. You have the right to request a copy of any information that we currently hold about you. In order to receive such information please send your contact details including address and payment of £10 to cover administration expenses. 6.4 This privacy policy only covers this website. Any other websites which may be linked to our website are subject to their own policy, which may differ from ours. 7. Acceptable use policy As a condition of your use of Our Website, you agree to comply with these provisions: 7.1 You will not use or allow anyone else to use the Web Site to post or otherwise publish: 7.1.1 Copyright works; 7.1.2 Commercial audio, video or music files; 7.1.3 Any material which violates the law of any established jurisdiction; 7.1.4 Unlicensed software; 7.1.5 Software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing; 7.1.6 Links to any of the material specified in this paragraph; 7.1.7 Pornographic Material; 7.1.8 Any Material promoting discrimination or animosity to any person on grounds of gender, race or colour. 7.2 You will not use the Services for spamming. Spamming includes, but is not limited to: 7.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients; 7.2.2 The sending of junk mail; 7.2.3 The use of distribution lists that include people who have not given specific permission to be included in such distribution process; 7.2.4 Excessive and repeated posting off-topic messages to newsgroups; 7.2.5 Excessive and repeated cross-posting; 7.2.6 Email harassment of another internet user, including but not limited to, transmitting any threatening, libellous or obscene material, or material of any nature which could be deemed to be offensive; 7.2.7 The emailing of age inappropriate communications or content to anyone under the age of 18. 8. Complaints procedure 8.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Services, please tell us at the earliest opportunity 8.1.1 Exactly why you think we have failed; 8.1.2 The date, if relevant, of the failure; 8.1.3 When and how you discovered the failure; 8.1.4 The result of the failure; 8.1.5 Your suggestion as to action we should take to resolve the situation and restore your faith in us. 8.2 It is essential that you contact us by email through Our Website. 8.3 We will investigate the matter within 14 days and reply to you fully as soon as we can with a full and complete response to your complaint 9. Disclaimers 9.1 We may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice. 9.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find. 9.3 We give no warranty and make no representation, express or implied, as to: 9.3.1 The adequacy or appropriateness of the Services for your purpose; 9.3.2 The truth of any Content on Our Website published by someone other than us; 9.3.3 Compatibility of Our Website with your equipment, software or telecommunications connection. 9.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website. 9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Services. 9.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the services you have purchased. 10. Profile liability 10.1 You are responsible for ensuring that the contents of your profile is accurate and that you do not impair the rights of any third party. 10.2 We do not accept any liability for the correctness of any information given by you and any inaccuracies are solely your responsibility. 10.3 We do not accept any responsibility if you are misled in any way regarding the information provided by any other user and in the event that you believe another users’ information is inaccurate in any you should report the matter to us immediately. 10.4 We cannot provide any representations, assurances or guarantees regarding any of the users of this site and all users must rely exclusively on the information in the profile and from their own subsequent investigation of the other user. 10.5 We aim to ensure that the information provided by you is accurate, honest and truthful and in the event of that not being the case we reserve the right to delete your profile without notice and without refund. 11. Indemnity You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person. 12. Miscellaneous Provisions 12.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 12.2 Where we provide services without specific charge to you they are deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those services. 12.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999. 12.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 12.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. 12.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. 12.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees. 12.8 This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. 12.9 We may from time to time amend or change these terms and you should check regularly to ensure that you are content to agree to the current version of our terms and conditions. 13. Intellectual Property Rights Protection 13.1 Your Intellectual property 13.1.1 Where you include a protected trademark within your profile it is agreed that you are providing us with permission to publish the trademark. 13.1.2 By including any trademark in your profile you warrant to us that you are entitled to the copyrights and patents and other intellectual property rights associated with the set trademark. 13.1.3 You also warrant that you are entitled to the copyright in all material posted to your profile. 13.1.4 You specifically warrant to indemnify us against any breach of any trademark or copyright in the event of claims being made against us by the owners of any trademark copyright or other intellectual property used by your profile. 13.2 Our Intellectual property 13.2.1 We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software). 13.2.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries. 13.2.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. 13.2.4 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person. 14. Cancellation 14.1 In the event that you breach any of the provisions of this agreement we reserve the right to terminate your agreement with us without notice. 14.2 In the event of cancellation we will not provide a pro rata refund for any of the services provided by us through our website other than where you have not used a service for which you have subscribed [within 14 days of the subscription being taken] we will refund any sum paid. 14.3 In the event of your subscription been cancelled you agree not to attempt to reregister either personally or through a third party or as an alias and in the event of you attempting to shall be a breach of the terms of this agreement and you agree that punitive damages of £10,000 will arise in that event.
