TERMS OF USE 

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1. GENERAL INTRODUCTION

Welcome to the 365 Days Luxembourgish App!

The 365 Days Luxembourgish App (“Service”, “Application”) is an online learning method developed and operated by Group Moraru sarl, located in Luxembourg, 6, rue Marguerite de Brabant, L-1254 Merl which can be used to attain the A1 level in Luxembourgish in an easy and efficient manner during 365 days.

Access and use of the Service is subject to the following Terms of Use (“Terms of Use”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms of Use including any future modifications. Group Moraru sarl may amend, update or change these Terms of Use. If you do not agree to abide by these Terms of Use, you are not authorized to use the application.

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2. DESCRIPTION OF SERVICE

The Service allows users to access and use an educational service for learning the Luxembourgish language. Group Moraru sarl may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.

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3. REGISTRATION AND CONTRACT

Each user may register once only.

In connection with registering for and using the Service, each user agrees

• to provide truthful, accurate, current and complete information about him/her and/or its organization as requested by Group Moraru sarl;

• to maintain the confidentiality of your password and other information related to the security of your account;

• to maintain and promptly update any registration information you provide to Group Moraru sarl,

• to keep such information accurate, current and complete; and

• to be fully responsible for all use of your account and for any actions that take place through your account.

The contract between the User and Group Moraru sarl regarding the use of the 365 Days Luxembourgish application is concluded when the User completes and sends the registration form by clicking the respective order button and the User will also be asked to accept the Terms of Use.

After registration, Group Moraru sarl will send the User an automatic confirmation by email. The email contains a hyperlink via which the User can verify that the email address stated is correct. The User undertakes to provide that verification. Until verification is not provided, Group Moraru sarl may restrict or prevent access to 365 Days Luxembourgish at any time.

If prices are quoted on the 365 Days Luxembourgish application, they are including the valid statutory turnover tax.

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4. SERVICES USED FOR FREE 

Application and registration are free of charge to the User.

The contract for using the basic functions (basic contract) of 365 Days Luxembourgish is concluded for an unlimited period and the access to the next day is restricted to one day every 24 hours and to having succeeded at least 75% of each day’s test.

The basic contract may be terminated without notice by either party at any time unless a premium contract with subscription term was concluded. To terminate the contract, the user has to unsubscribe from the Google Play/ iTunes account. After that, the third party store will handle the cancellation. If the user has a premium contract with a subscription term, the premium contract must first be terminated according to the regulations specified in these terms of use. The basic contract can then be terminated after the end of the subscription term in the manner described above.

The user's subscription will be deleted by the terms agreed above. Upon cancellation the user can not claim the release or return of contents. By cancelling the contract before the due date, the user will have access to the subscription until the end date mentioned in the contract.

Fees will be charged for full access to content without a timer if this is indicated and the User orders or books them.

 

5. SERVICES SUBJECT TO A FEE (PREMIUM CONTRACT)

Group Moraru sarl offers full access to content without a timer for a monthly fee (Premium contract).

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6. BILLING TYPES, CONTRACT CANCELLATION (PREMIUM CONTRACT)

The Premium Contract is available according to current offers as monthly subscription. Billing type, prices and term are defined in each offer and are summarized prior to the end of the order process. The contract for ordering Premium products becomes binding by pressing the Upgrade now/Premium buttons.

The Premium Contracts with subscriptions are concluded for the time specified in the individual order. The remuneration or the invoice amount for the subscription term is payable on conclusion of the contract. After each subscription term, the contract renews itself automatically according to the term agreed upon (month by month), unless the User cancels the service before the term runs out. The full invoice amount of each renewal term will be charged on the first day of the renewal.

Premium contracts with subscription term have to be terminated via the Apple App Store or the Google Play Store. Termination must occur no later than 48 hours before the extension of the subscription. If the user terminates a basic contract before terminating the premium contract with subscription term, 365 Days Luxembourgish will become unusable. However, the subscription term is not terminated, and further costs may be incurred if the subscription term is not terminated separately, even though the subscribed courses can no longer be accessed due to the termination of the basic contract. The user is not entitled to any refund of usage fees.

The right to termination due to cause remains intact.

Group Moraru sarl has the right to cancel Premium Contracts at any time without giving reasons with the termination taking effect at the end of the respective term. Basic functions may be terminated at any time.

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7. PAYMENT METHODS

The User may pay by using any payment method accepted by  Apple App Store or the Google Play Store.

After choosing the preferred payment method User will entering the mandatory information in the respective fields of the form. The ordered Payment Service Provider is entitled to accept payment on behalf of Group Moraru sarl.

Group Moraru sarl reserves the right to limit certain payment methods.

When the User achieves access using a code, they will have access to the relevant premium service for a limited time. There will therefore be no further fee and no corresponding bill. The duration of the access will depend on what has been specified by the code.

Billing takes place digitally only, a paper billing will not be issued. The invoices will be accessible at any time on the user's app store account.

 

8. INDEMNIFICATION OF GROUP MORARU SARL

You agree to defend, indemnify and hold harmless Group Moraru sarl and its directors, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms of Use or otherwise), your breach of any of these Terms of Use, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.

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9. LICENSE TO APPS

Subject to the terms of these Terms of Use, Group Moraru sarl grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Group Moraru sarl and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto. The following terms of use apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms of use of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms of use are solely between you and Group Moraru sarl, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and Group Moraru sarl acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Group Moraru sarl acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, Group Moraru sarl, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using any App. You and Group Moraru sarl acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the Apps, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

 

10. IN-APP PURCHASES

If you purchase an auto-renewing periodic subscription through the Service, your 365 Days Luxembourgish account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your 365 Days Luxembourgish account and follow instructions to terminate or change your subscription, even if you have deleted your account.

You agree to pay all fees and applicable taxes incurred by you or anyone using a 365 Days Luxembourgish account registered to you. 365 Days Luxembourgish may revise the pricing for the goods and services offered through the Application at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

 

11. PAYMENT PROCESSORS

All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will Group Moraru sarl be held responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages.

 

12. REFUND POLICY

In the event that Group Moraru sarl suspends or terminates your use of the Service or these Terms of Use or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind.

 

13. THIRD-PARTY LINKS, SITES, AND SERVICES

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Group Moraru sarl. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from 365 Days Luxembourgish, you understand that these Terms of Use and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Group Moraru sarl shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by 365 Days Luxembourgish on the Service are subject to change. In consideration for 365 Days Luxembourgish granting you access to and use of the Service, you agree that 365 Days Luxembourgish and its third-party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.

 

14. NO REPRESENTATIONS OR WARRANTIES BY 365 Days Luxembourgish

THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY GROUP MORARU SARL ARE PROVIDED TO YOU ON AN “AS IS” BASIS. GROUP MORARU SARL AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GROUP MORARU SARL DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

15. LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY

IN NO EVENT WILL GROUP MORARU SARL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF GROUP MORARU SARL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GROUP MORARU SARL’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GROUP MORARU SARL FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

 

16. TERMINATION

365 Days Luxembourgish may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your 365 Days Luxembourgish account at any time by following the instructions available through the Service. The provisions of these Terms of Use relating to the protection and enforcement of Group Moraru sarl’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

 

17. PROPRIETARY RIGHTS IN SERVICE CONTENT AND ACTIVITY MATERIALS

All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of Group Moraru sarl or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Group Moraru sarl, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by Group Moraru sarl, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms of Use. Activity Materials will not include Translation Materials. By using the Service, you hereby assign to Group Moraru sarl any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Group Moraru sarl or its licensors that are not expressly granted in these Terms of Use are reserved to Group Moraru sarl and its licensors.

 

18. TRADEMARKS

“365 Days Luxembourgish” and any other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Group Moraru sarl or their respective owners, and certain of them are registered with the Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Group Moraru sarl name or any Group Moraru sarl or third-party trademarks, service marks, graphics or logos.

 

19. PRIVACY

Use of the Service is also governed by our Privacy Policy, a copy of which is located at https://www.languages.lu/privacypolicy. By using the Service, you consent to the terms of the Privacy Policy.

 

20. GOVERNING LAW AND ARBITRATION; NO CLASS ACTION

These Terms of Use, its subject matter and Group Moraru sarl’s and your respective rights under these Terms of Use, as well as and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms of Use, shall be governed by and construed under the laws of the Luxembourg city jurisdiction, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Group Moraru sarl’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.

If you do not want to arbitrate disputes with Group Moraru sarl and you are an individual, you may opt out of this arbitration agreement by sending an email to clara.moraru@languages.lu within 30 days of the day you first access or use the Service.

 

21. LANGUAGE

This agreement was originally written in English (UK). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

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​22. FINAL PROVISIONS

Group Moraru sarl reserves the right to modify these Terms of Use at any time and without indicating the reason for such modification, as far as those modifications are based upon changes in the services provided by Group Moraru sarl, changes of 365 Days Luxembourgish or upon legal changes or changes due to technical requirements. This includes Group Moraru sarl offering new services. The modified Terms of Use shall be sent to the User in advance by email. If the User does not object to the modified Terms of Use within a period of two weeks, they are deemed to be accepted. If the User objects, Group Moraru sarl may close the User’s account and receive a refund for any the rest of the respective term. Group Moraru sarl shall separately point out these legal consequences in the email with the modified Terms of Use.

 

23. MISCELLANEOUS

These Terms and Conditions constitute the entire agreement between Group Moraru sarl and you concerning the subject matter hereof. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. A waiver by Group Moraru sarl or you of any provision of these Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Group Moraru sarl may assign its rights or obligations under these Terms of Use without condition. These Terms of Use will be binding upon and will inure to the benefit of Group Moraru sarl and you, and Group Moraru sarl’s and your respective successors and permitted assigns.

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Last revision made on the 25th of October 2018