Conditions d'utilisation

FIRST ENGLISH LTD TERMS OF SERVICE

PART A: GENERAL TERMS

Terms

By accessing the website at https://www.first-english.com (the ‘Website”) and the application at https://app.first-english.com/ (the “Application”), you acknowledge that you have read, understood and agree to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained on this Website and Application are protected by applicable copyright and trademark law.

Registration

Only one registration per person is allowed. You must choose a personal email address that gives you frequent access to emails sent to that address, as First English Ltd may need to contact you. You must keep your password confidential. You warrant that you are authorized to supply this email address and that First English Ltd can send emails to you at this address.

You must not:

impersonate or try to impersonate another person;
disclose your password to any other person;
allow any other person to use your account;
transfer or sell your account and account designation to another party;
use anyone other person’s account.

You are responsible for everything done using your account. If you think that someone else may have access to your password or account, you must inform First English Ltd as soon as possible via email at support@first-english.com.

Use Licence

Permission is granted to temporarily download one copy of the materials (information or software) on First English Ltd’s Website and Application for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:

modify the materials
copy the materials, with the exception of pedagogical documents that may be downloaded in PDF format from a Teacher account, which may be photocopied and distributed to your own students only, solely for your personal and non-commercial use;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on First English Ltd’s Website and Application;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or « mirror » the materials on any other server.

This licence shall automatically terminate if you violate any of these restrictions and may be terminated by First English Ltd at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Privacy Policy

We will use your personal information in accordance with our Privacy Policy, which forms part of these Terms of Service.

Disclaimer

The materials on First English Ltd’s Website and Application are provided on an ‘as is’ basis. First English Ltd makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, First English Ltd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website and Application or otherwise relating to such materials or on any sites linked to this site.

Limitation of liability

6.1 This clause 6 sets out the entire financial liability of First English (including any liability for the acts or omissions of its employees, agents and subcontractors) to you:

6.1.1 arising under or in connection with the Contract;

6.1.2 in respect of any use made by you of the Service or any part of it; and

6.1.3 in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Service.

6.2 Except as expressly and specifically provided in these Terms of Service:

6.2.1 You assume sole responsibility for results obtained from the use of the Service, and for conclusions drawn from such use. First English shall have no liability for any damage caused by errors or omissions in any information, instructions or any actions taken by First English at your direction;

6.2.2 First English makes no warranty or representation that the Service complies with any Healthcare Legislation or Heightened Cybersecurity Requirements and you assume sole responsibility and liability for compliance with the same;

6.2.3 all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms of Service;

6.2.4 the Service is provided to you are on an “as is” basis; and

6.3 Nothing in these Terms of Service excludes the liability of First English:

6.3.1 for death or personal injury caused by First English’s negligence; or

6.3.2 for fraud or fraudulent misrepresentation.

6.4 Subject to clause 6.2 and clause 6.3:

6.4.1 First English shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms of Service; and

6.4.2 First English’s total aggregate liability in contract (including in respect of the indemnity at clause 6.2), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Service shall be limited to the total fees under the Subscription Service paid during the 12 months immediately preceding the date on which the claim arose.

Accuracy of materials

The materials appearing on First English Ltd’s Website and Application could include factual, technical, typographical, or photographic errors. First English Ltd does not warrant that any of the materials on its Website and Application are accurate, complete or current. First English Ltd may make changes to the materials contained on its Website and Application at any time without notice. However, First English Ltd does not make any commitment to update the materials.

Links

First English Ltd has not reviewed all of the websites linked to its Website and Application and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by First English Ltd of the site. Use of any such linked website is at the user’s own risk.

Modifications

First English Ltd may revise these Terms of Service for its Website and Application at any time without notice. By using this Website and Application, you are agreeing to be bound by the then current version of these Terms of Service.

Website and Application Maintenance

We may need to fix bugs, install updates and complete general diagnosis and maintenance of the Website and Application in order to support your use of it. This may make the Website and Application less accessible or available for use during those times. We may also need to carry out emergency maintenance and/or suspend access to the servers where, in our reasonable opinion, we see the need to do so. In such cases, we will endeavour to have the Website and Application available again as soon as we consider it safe to do so.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the United Kingdom and you irrevocably submit to the exclusive jurisdiction of the courts in that location.

PART B: SUBSCRIPTION SERVICE

Terms of provision

In addition to the General Terms as listed in Part A above, the specific terms and conditions set out below also apply to the following Subscription Plans:

Subscription Plans for Learners
Subscription Plans for Teachers
Subscription Plans for Businesses

Specific terms and conditions governing Subscription Plans for Learners:

By submitting your order, you are agreeing that we may process your subscription. Once we have done so, you will not be able to cancel the order or receive a refund of the amount paid.
The Subscription Plan is valid for the length of time corresponding to the fee paid – 3 months, 6 months or 12 months.
Once your order has been processed, you are granted unlimited access to all learner content available on the Website and Application, including all news articles, quizzes and audio files. These materials are strictly for personal use.
The Subscription Plan is solely for use by you.
We reserve the right to monitor use of the Subscription Service using your personal login details and/or Website and Application analytics. In the event that unauthorized users are accessing the Subscription Service using your personal details then we reserve the right to charge you an amount equal to the charges which would have been payable had each unauthorized user subscribed for the Subscription Service themselves.

Specific terms and conditions governing Subscription Plans for Teachers:

By submitting your order, you are agreeing that we may process your subscription. Once we have done so, you will not be able to cancel the order or receive a refund of the amount paid.
The Subscription Plan is valid for the length of time corresponding to the fee paid – 3 months, 6 months or 12 months.
Once your order has been processed, you are granted unlimited access to the entire teaching content available on the Website and Application, including pdf worksheets and audio files. You may download and make photocopies of files indicated on the Website and Application as being available for this purpose for personal use or for pedagogical purposes with your students.
The Subscription Plan is solely for use by you.
If you have a ‘Teacher + Students’ plan, in addition to your teacher account, your students will be provided with individual learner accounts. The number of said learner accounts will correspond to the number you selected as part of the subscription procedure. The students will have their own confidential account and login information.
We reserve the right to monitor use of the Subscription Service using your personal login details and/or Website and Application analytics. In the event that unauthorized users are accessing the Subscription Service using your personal details then we reserve the right to charge you an amount equal to the charges which would have been payable had each unauthorized user subscribed for the Subscription Service themselves.

Specific terms and conditions governing Subscription Plans for Businesses:

By submitting your order, you are agreeing that we may process your subscription. Once we have done so, you will not be able to cancel the order or receive a refund of the amount paid.
The Subscription Plan is valid for the length of time corresponding to the fee paid – 3 months, 6 months or 12 months.
Your employees will be provided with individual learner accounts and will have their own confidential login information.
The number of learner accounts provided will correspond to the number selected as part of the subscription procedure.
Once your order has been processed, your employees are granted unlimited access to all learner content available on the Website and Application, including all news articles, quizzes and audio files. These materials are strictly for personal use by the designated employees of your company.
We reserve the right to monitor use of the Subscription Service using your personal login details and/or Website and Application analytics. In the event that unauthorized users are accessing the Subscription Service using your personal details then we reserve the right to charge you an amount equal to the charges which would have been payable had each unauthorized user subscribed for the Subscription Service themselves.

Payment and renewals

Payment for Subscription Plans is made by debit/credit card via the Stripe secure payment gateway. You can pay with your debit or credit card; you do not need to have a Stripe account. By making payment via the Stripe gateway, you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time.

Subscription Plans are subject to automatic re-billing and will automatically renew at the end of the plan’s billing cycle. Users may cancel the recurring payment at any time up to 3 working days prior to the date the payment is scheduled to take place, by writing to info@first-english.com.

All amounts and fees stated or referred to in these Terms of Service shall be payable in pounds sterling, euros or US dollars, depending on the user’s geographic location. Prices for Subscription Plans are inclusive of any applicable VAT.

No payment or refund will be given to you for any downtime in respect of the Service or for your inability to access the Service due to technical problems beyond our control.

The prices for Subscription Plans are displayed on the Website. The subscription prices may be changed from time to time and will be effective from the date of posting on the Website.

Guarantee

The Subscription Service is provided in its current form and we do not guarantee that the Website and Application, or any element contained on the Website and Application, will meet your particular requirements, purpose and/or expectations. We do not guarantee that any of the information and/or material provided on the Website and Application is accurate or up-to-date.

We do not provide any warranty in respect of the Website and Application, results, availability, and/or uninterrupted use of the Website and Application due to any problem or technical malfunction of any telephone network or lines, online computer systems, servers or providers, computer equipment, software, failure of email or traffic congestion on the internet or the Website and Application.