These terms and conditions of use ("Terms of Use") aim to regulate the operations carried out through any of the virtual channels ("Virtual Channels") made available to the general public by LINGOPASS CURSOS ON LINE LTDA.- ("LINGOPASS"), a limited liability company registered with CNPJ/MF No. 42.567.596/0001-56, with address at Rua Fernão Dias, n. 106, conj. 07, Pinheiros, São Paulo, SP, CEP 05427-010, for the purpose of enabling the trading of licenses, using a virtual platform.
Carefully read the terms and conditions of use ("Terms of Use") below, since such provisions, supported by Law 8.078/1990 (Code of Consumer Protection), Decree 7.962/2013 ("E-commerce Law"), Law 12.965/2014 (Marco Civil da internet) and Law 13.709/2018 (General Law of Protection of Personal Data - LGPD), will establish the rules of access and use of Virtual Channels, as well as the information and conditions applicable to commercial transactions, services and products ("Licenses using virtual platform") through them available to users in general.
To facilitate the analysis of the Terms of Use, we present below a summary of their respective topics.
1. GENERAL CONDITIONS APPLICABLE TO ALL USERS OF LINGOPASS VIRTUAL CHANNELS
1.1 Licenses for access to the LINGOPASS platform
LINGOPASS provides access keys (licenses) using a virtual platform containing several contents, interaction channels, resources and functionalities.
Through its
Virtual Channels, LINGOPASS informs in detail about the characteristics of the virtual platform or software used - including its resources and functionalities - as well as the respective prices and forms of payment for the licenses acquired.
Any promotional values, understood as discounts in the value of the licenses, will be informed in advance at the
Virtual Channels Read all information carefully before hiring any licenses, to ensure that our services fully meet your expectations. LINGOPASS is at your disposal at
contato@lingopass.com.br.LINGOPASS reserves the right to change at any time the terms, characteristics, prices and payment methods of its licenses, without prejudice to the terms and conditions previously contracted.
1.2 Registration
To start using our services, the user must fill out an online registration form, informing his/her full name, CPF, full address, phone number and e-mail address, and also create a password for his/her personal account for future access to each access key to the virtual platform.
The user will be entirely responsible for the veracity of the data he/she enters when filling out his/her registration form, and the e-mail address informed will be officially used by LINGOPASS for sending all information and notices related to the license contracted, for which reason any subsequent alteration must be immediately communicated by the user, under penalty of the information sent to the e-mail address originally informed being assumed to have been duly received by the user.
The user will be the only responsible for his/her login and password in his/her personal account with LINGOPASS, and will be accountable for all acts performed through his/her access account. Therefore, it is the user's duty to care for the safekeeping and confidentiality of his/her password, not giving it to third parties, thus avoiding potential inconveniences. The user must immediately notify LINGOPASS by email
sucessodoaluno@lingopass.com.br of any unauthorized use of his/her access account, as well as any breach of security or abnormality in the use of the system.
Minors under 18 years of age should only register through their legal guardians, who will be responsible for the veracity and sharing of their information with LINGOPASS.
1.3 Acceptance of the Terms of Use
After registering, the User must read and expressly accept (by clicking on the "I agree" button in the process of purchasing the Site and/or accessing the virtual platform) the full content of the Terms of Use. Once accepted by the user, the Terms of Use will become binding and enforceable for both parties, governing the relationship between them.
1.4 Prohibition of unauthorized sharing and reproduction of the learning content
The learning content available on the virtual platform is to be used only by the contracting user, and its sharing with third parties or any form of reproduction not expressly authorized in writing by LINGOPASS is forbidden.
1.5 Performance
LINGOPASS does not guarantee the achievement of objectives or goals by the user, depending exclusively on his/her performance, commitment and personal capacity to use the service, and LINGOPASS will only deliver its services under the exact terms and conditions agreed between the parties.
1.6 Registration and monitoring of communication with LINGOPASS
All communications between LINGOPASS and user(s), including telephone conversations, e-mails, WhatsApp (or similar) messages, video conferences, etc., may be monitored and registered by the company for security, quality assurance, legal or training purposes.
1.7 Use of the material produced by the user during interactions on the platform
LINGOPASS encourages the production of materials and contents by the user him/herself on the platform, reserving the right to use them at a later date.
1.8 Infrastructure required to access the Lingopass platform
The educational content made available online will require the User (or the entity to which he or she is linked) to provide access to the internet through its own equipment under his or her own responsibility by hiring an ISP and other suppliers necessary for this purpose.
Some of the services or tools made available on the platform, especially in the case of online video, immersion experiences in 3D videos, among others, may require the installation of third-party software, and the User (or the entity to which it is linked) agrees to do so at its own expense, without this constituting, under any circumstances, cause for cancellation or termination of the Terms of Use.
1.9 Lingopass platform access problems
In case of problems with access to the Lingopass platform, the user should contact
sucessodoaluno@lingopass.com.br reporting the problem. Once contacted, LINGOPASS will verify whether the request is justified and, if so, will take the appropriate measures to solve the problem, including, if necessary, contacting the user during business hours (from 8am to 6pm), from Monday to Friday, working days.
Any interruptions resulting from preventive maintenance of the software, or any other occurrence beyond the control and diligence of LINGOPASS, such as, but not limited to, lack of power supplied by the electricity provider, failures caused by computer service providers, force majeure and acts of God, among others, are not considered problems in the access to the platform.
The technical support provided by LINGOPASS is limited to operational issues of its platform, exclusively in the environment of its platforms, and does not cover problems related to the equipment and devices used by the user, nor any kind of residential assistance.
LINGOPASS will not be held responsible for the following:
a. Equipment infected or
hacked;
b. Equipment malfunctioning at the time of service consumption;
c. Computer protection;
d. Protection of information based on users' computers;
e. Abuse of users' computers;
f. Clandestine monitoring of users' computers;
g. Vulnerabilities or instabilities in users' systems;
h. Insecure perimeter;
i. Personal data breach incidents;
j. Fines or sanctions imposed by the National Data Protection Authority;
k. Legal actions resulting from incidents involving personal data. Under no circumstances will LINGOPASS be responsible for the installation of malicious codes (viruses, trojans, malware, worms, bot, backdoor, spyware, rootkit, or any others that may be created) on the user's or third party's equipment as a result of the user navigating the internet.
1.10 Intellectual property
By granting access to the Lingopass platform, or to any of the functionalities available on its platform, LINGOPASS does not assign to the user any property rights over components, creation, computer program (and its respective source code, descriptive memorial, internal functional specifications, diagrams, flowcharts), image, drawing, or any other item available on its Virtual Channelswith the exception of the right to access the contracted resources and functionalities, under the terms, conditions and limits adjusted at the time of the contracting.
1.11 Responsibilities of the user
The login and password can only be used by the registered user. He/she undertakes to keep the password secret, which is personal and non-transferable, and it is not possible, under any circumstances, to allege misuse after the act of sharing.
The platform user is responsible for updating his/her personal information and the consequences of omission or errors in the personal information registered.
The user is responsible for repairing any and all damages, direct or indirect (including those resulting from the violation of any rights of other users or third parties, including rights of intellectual property, secrecy and personality), caused to LINGOPASS, to any other user, or to any third party, including those resulting from non-compliance with the provisions of these Terms of Use and Privacy Policy or from any act carried out through his/her access to the internet and to the
lingopass.com.br site.
2. CONDITIONS APPLICABLE TO INDIVIDUAL USERS ACQUIRING LICENSES TO ACCESS THE LINGOPASS PLATFORM
2.1 Payment and Order Confirmation
Afteryou register and expressly accept the
Terms of Useyou can pay by bank payment slip or credit card by registering your data on the online payment management platform Mundipagg
(http://www.mundipagg.com.br) available throughout the contracting process made available by
Virtual Channels.
By informing their data to purchase a license via credit card, the user automatically authorizes the charging of the respective full price for the contracted service, under the exact terms and conditions of payment previously informed by the Virtual Channels.
Virtual Channels.
For the users' safety, credit card information is not stored on LINGOPASS servers. This information is entered by the user through encrypted operations directly on the payment platform(s) mentioned above, which is why the user, by agreeing to the
Terms of UseAfter approval and conclusion of the payment, the user will receive a confirmation via e-mail at the e-mail address he/she provided at the time of registration.
LINGOPASS reserves the right not to confirm the purchase or to cancel the license purchase in case (i) the user has included incorrect or invalid registration information, or (iii) fraud, bad faith, non-compliance with any of the terms and policies of the
Site Some of the contracting steps may, eventually, be altered or adapted partially upon prior notice to the user in view of the peculiarities of the virtual platform access service contracted.
Eventual promotional values, understood as the concession of discounts on the value of any licenses, are not cumulative.
2.2 Access to the Lingopass platform
Onlineaccess to the Lingopass platform will be available to users within 2 working days from the date of confirmation of payment, as described in the previous section.
LINGOPASS reserves the right, at any time and at its sole discretion, to change the conditions of access to its Virtual Channels or its virtual platform, changing its design and/or presentation, including or eliminating features and/or functionalities and/or information that do not compromise the benefits and characteristics of its virtual platform.
2.3 Right of Withdrawal
Theuser will have a period of 7 calendar days from the date of purchase and online payment to exercise the right of withdrawal, with full refund of the amount paid.
To exercise the right of withdrawal, within the legal period of 7 days from the date of payment, the user should contact LINGOPASS at
cancelamento@lingopass.com.br, expressly stating his or her interest in cancelling the license contracted by him or her.
As soon as LINGOPASS receives the request for cancellation from the user, in the case of credit card payment, LINGOPASS will request - within 72 working hours - a reversal of the payment to the respective credit card company, which will be processed according to the policy practiced by the user's credit card company, over which LINGOPASS has no control, and which the user declares he/she understands and agrees with.
In the case of payment made by bank payment slip, the amount will be returned within 10 working days through a bank deposit in an account to be informed by the user.
2.5 Cancellation of access by LINGOPASS
LINGOPASS may cancel a user's access to the Lingopass platform at any time:
a) due to non-payment of the fees;
b) due to violation of the Terms of Use or any other specific rule of the license agreement;
c) by committing an illegal or illegal infringement of applicable law, or
d) in the event of synchronous sessions, if the minimum number of users required for synchronous sessions has not been reached.
3. CONDITIONS APPLICABLE TO EMPLOYEES OF COMPANIES CONTRACTING OUR CORPORATE PLANS
3.1 About LINGOPASS corporate plans
LINGOPASScorporate plans offer companies the possibility of providing their employees with access licenses to the Lingopass platform.
To do this, the company selects the Lingopass plan that best suits its needs and conditions, informs its employees of the program and the respective participation terms.
LINGOPASS will send an e-mail to the employees previously indicated by the company containing the access data to the Lingopass virtual platform, and then each indicated employee takes a preliminary assessment and starts his or her access journey to the platform, whose progress will be constantly followed and monitored by a manager indicated by the company.
LINGOPASS corporate plans may be (i) fully paid by the company or (ii) partially subsidized by the company, requiring its employees to pay for a portion of the licenses acquired; or (iii) the company may contract with LINGOPASS a special discount for its employees and/or their families to contract licenses individually.
3.2 Access to the Lingopass platform and its features and functionalities
Forcorporate plans fully or partially funded by the company, only those employees previously registered by the company with LINGOPASS (providing full name, CPF, telephone number and e-mail address) and who personally signify their consent to the Terms and Conditions of Use sent to them for this purpose will have access to Lingopass.
For corporate plans where the company contracts with LINGOPASS a special discount for its employees and/or their families to contract the licenses individually, the employee's access will follow what is stated in item 2.2.
The company contracting the LINGOPASS corporate plan will be entirely responsible for the veracity of the data on its employees entered when filling out the registration form and/or the respective subscription form. The e-mail address informed will be officially used by LINGOPASS to send all the information and notices related to the access licenses contracted.
Employees are solely responsible for their personal Lingopass account login and password and are liable for all acts performed using their Lingopass account. It is therefore the employee's duty to ensure the safekeeping and confidentiality of his/her password, and not to provide it to third parties, thus avoiding potential inconvenience.
Notwithstanding the above, employee access to Lingopass must also comply with any specific provisions contained in the contract between the contracting company and LINGOPASS.
3.3 Educational content made available to employees
3.3.1 The educational content to be made available to employees will comply with the Terms and Conditions of the agreement between the company and LINGOPASS.
3.3.2 Specific conditions for leave with compulsory attendance, progress and performance towards certification:
.3.2 Specific conditions for licenses with attendance, progress and performance obligations for obtaining certification: a) each module or course made available on the Lingopass virtual platform will clearly inform the user in advance about the volume and minimum attendance, progress and performance conditions for obtaining certification related to the respective module or course.
b) Rules regarding the fulfillment of goals by the employee and/or the employee's non-attendance at synchronous sessions may be stipulated in a contract with the contracting company.
3.4 Specific considerations for access to synchronous interaction sessions and hypothesis of collaborator exclusion3.4.1 Specific considerations for access to synchronous interaction sessions:
a) If the user is late or absent on the days in which synchronous interaction sessions are scheduled, the company shall not be entitled to a refund of the amount referring to the lost session, and shall not be able to replace it without an extra payment for the session to be recovered, unless the user requests the timely cancellation of the session at least 24 business hours in advance, always in writing, through the e-mail
pedagogico@lingopass.com.br, duly confirmed.
b) In the event of cancellation of the Lingopass platform access license by decision of the user, the user will not be entitled to a refund of the amount paid for services rendered and accesses made when contracting the services.
3.4.2. LINGOPASS reserves the right to cancel at any time the access of all employees of a company and/or of a specific employee:
a) due to a breach of contract by the contracting company;
b) due to a violation of the Terms of Use or any other specific rule related to the license; or
c) due to the practice of an illegal, immoral or illegal act, either by the employee or by the contracting company.
3.5 Declaration of the employee
The employee declares that he/she has been previously instructed by the company to which he/she is linked about all the terms and conditions of participation in the corporate plan, being aware that his/her performance and dedication will be constantly monitored and evaluated by a manager of the hiring company.
The employee also declares that he/she has previously authorized the company to send his/her contact and registration data to LINGOPASS, with the aim of accessing the Lingopass virtual platform, object of the corporate plan.
4. CONDITIONS APPLICABLE TO THE BENEFICIARIES OF THE EMPOWERING TALENTS PROGRAMME
4.1 About Empowering Talents
The
Empowering Talents program was conceived by LINGOPASS in partnership with a council of leaders of organizations to exchange learning and connections with the ultimate goal of positively impacting people and businesses.
Empowering
Talents is a language learning support program aimed at professionals in situations of social and economic vulnerability and/or at the beginning and/or transition of their careers from all over Brazil, indicated by private and public partner organizations, following pre-defined criteria detailed in each call for proposals, such as: age, location, family income, diversity, level of proficiency in foreign languages, level of education, time availability, access to the internet and computer, social engagement and motivation.
Empowering Talents beneficiaries will receive full or partial, free and/or discounted access to the Lingopass virtual platform
(www.lingopass.com.br) owned by LINGOPASS.
Both fully capable individuals (over 18 years of age) and legal entities may donate to the program.
4.2 Selection criteria for Empowering Talents beneficiaries
LINGOPASSwill be responsible for selecting the candidates indicated by the partner organizations, and may accept or reject the nominations according to the criteria and objectives of Empowering Talents, as well as its own capacity to provide access to the Lingopass platform, which may even lead to the rejection of all candidates pre-selected by the organizations.
4.3 Educational content and features provided by the Empowering Talents program
The educationalcontent and features provided by the Empowering Talents program will follow what is informed in each notice.
4.4 Program Phases
Theprogram includes several phases defined in each call for applications:
Phase 1 - Selection Process
Phase 2- Acceleration Bootcamp, with access period to Lingopass defined in each call for applications.
To benefit from Phase 2, the candidate must have been approved by LINGOPASS in the selection phase.
4.5 Evaluation Criteria
LINGOPASS is solely responsible for evaluating, with absolute autonomy and independence, the performance of the Empowering Talents scholarship recipients.
4.6 Access to Lingopass
Accessto the Lingopass platform for Empowering Talents Program members will be available to you within 10 working days from confirmation of your registration and acceptance of the Terms of Use
LINGOPASS reserves the right, at any time and at its sole discretion, to change the conditions of access to its Virtual ChannelsLINGOPASS reserves the right to change, at any time and at its sole discretion, the conditions of access to its Virtual Channels, altering their design and/or presentation, including or eliminating functionalities and/or information that do not compromise the benefits and characteristics of its virtual platform.
Access to the Lingopass platform under the Empowering Talents program will be personal and non-transferable, and users are prohibited from reproducing or sharing its content with unauthorized third parties.
4.7 Exclusion of beneficiaries
Empowering Talents beneficiaries may be excluded from the program and consequently lose their right to access the Lingopass platform in the following cases:
a) if the beneficiary, during the program, has not complied with the requirements concerning dedication, deadlines or others that have been previously established as criteria for engagement in the program by LINGOPASS;
b) if the beneficiary, after concluding the 1st selective phase of the program, withdraws from the 2nd phase;
c) eventually, in case of default of the program, due to non-payment of the donation installments by the donator;
d) due to violation by the beneficiary of any of the rules and conditions of the Empowering Talents program, the Terms of Use;
e) due to the practice of an illegal act or an act that violates the legislation in force.
With the exception of hypothesis "c" above, in all other cases of exclusion from the program, the funds originally intended for the grant recipient will be allocated to other Empowering Talents recipient(s).
4.8 Declaration and commitment by the beneficiary
The Empowering Talents beneficiary declares that he/she has been previously oriented as to the objectives and conditions of participation in the program, committing himself/herself to dedicate his/her efforts to deserve the benefit granted to him/her, being aware that his/her performance and dedication will be constantly monitored and evaluated.
5. PRIVACY POLICY
5.1 What are the objectives of our data protection policy?
Ourprivacy policy serves to explain to the user of all virtual channels ("Virtual Channels") made available to the general consumer public by LINGOPASS CURSOS ON LINE LTDA. - (" LINGOPASS"), how and why the data and information made available by him/her ("collected data") are collected, processed, stored and handled by LINGOPASS, in order to meet specific requirements of data protection legislation and privacy regulations.
Our Privacy Policy applies to LINGOPASS as the recipient of the personal data eventually provided by the user and for which LINGOPASS becomes responsible - as of the respective collection - for the use, storage and protection as the controller of the information provided according to the legal definition.
5.2 What is LINGOPASS' commitment to data protection?
LINGOPASSconsiders the protection of the privacy of personal data of utmost importance, and is committed to safeguarding, in accordance with the legislation in force, the privacy of all those who, in any way, make their personal information available to it.
5.3 Whose responsibility is it to process the data collected?
Theresponsibility for the processing, storage and handling of the data collected is exclusively that of LINGOPASS.
5.4 What data is collected?
Forthe purposes of LINGOPASS's privacy policy, data collected are information provided by the user upon registration (full name, date of birth, CPF, home address, e-mail, telephone, level of proficiency in foreign languages), as well as those obtained through assessments and activities on the platform (attendance records, assessment grades), and those obtained during the online payment process for our services.
Our sites use navigation cookies, that is, small text files that are stored in the internet user's computer and can be recovered during navigation. However, cookies do not store any personal information, but only contain tracking data that allows the site to recognize its presence through the user's browser, offering a more customized browsing experience and offers. These cookies are previously authorized by the website user and may be discarded or blocked at any time, according to specific instructions from the respective browser.
5.5 When is the data collected?
LINGOPASSmay collect your personal data when you register, when you complete assessments and activities on the platform, when you pay to acquire a license to access the Lingopass platform, or, occasionally, when you contact LINGOPASS for technical support.
5.6 Why is the collected data used?
Thedata collected will be used
(a) pre-qualify and identify the user who intends to access the Lingopass platform;
(b) enable communication regarding the services to which the user has access on account of the contracted license;
(c) enable the payment process (and respective issuance of invoices) for the contracted license;
d) carrying out marketing analyses and customer profiles for statistical purposes;
e) for any promotional and institutional campaigns of LINGOPASS;
f) fulfilling legal and regulatory obligations;
g) carrying out other activities essential for the regular operation of LINGOPASS, within the scope of its corporate purpose;
h) for academic purposes (art. 4, II, b) and for studies carried out by research organizations (art. 5, II, XVIII), XVIII), applying to this case arts. 7 and 11 of LGPD.
5.7 With whom is the collected data shared and/or transferred?
LINGOPASS does not sell or rent the data collected to third parties, nor does it use or share them in any way other than described in this Privacy Policy, without the prior consent of the user, except by judicial order to the contrary.
The data collected may be shared with third parties, exclusively, in the following hypotheses:
a) During the credit card payment process, the holder's data is inserted directly into the online payment management platform;
b) By court order or legal provision.
c) We work with third parties who provide services, which may include hosting the site, running the promotion, order processing, credit card release, data analysis and other services of an administrative nature.
d) We work in partnership with public research agencies for scientific, historical, statistical or technological research of public or general interest, ensuring the anonymization and pseudonymization of data whenever possible.
Personal information, including financial information, may be shared with third parties for the purpose of providing such services to you.
We seek to impose confidentiality obligations on these service providers. In addition, companies affiliated with Lingopass may use your personal information under the terms of this Privacy Policy.
We also reserve the right to disclose personal information to third parties when we believe in good faith that the law requires it, to enforce our Terms of Service, to protect the rights, property, safety or security of Lingopass or the public, to respond to an emergency, or as otherwise stated in this Privacy Policy.
5.8 How does LINGOPASS protect the data collected?
LINGOPASSadopts strict data protection, privacy and security measures and controls in order to safeguard the data collected, including among others, data encryption on its websites, data backup at external locations.
5.9 For how long will the data collected be stored?
LINGOPASS will store the data collected for as long as it considers necessary to fulfill the purposes for which they were collected.
LINGOPASS will respect the minimum legal period for the storage of users' information, as established in Law 12.965/2014.
5.10 How to access, change or restrict the use of the personal data collected?
Theuser will have the right to access his/her personal data whenever he/she wishes, and can (and should) correct or update them at any time by selecting the "Register/Change" option in the top menu of the Virtual Learning Environment.
Eventually, LINGOPASS may retain some personal data for an additional period of time in order to comply with legal or regulatory obligations, as well as for the possible regular exercise of LINGOPASS's rights, as well as for academic and scientific research purposes, and for the purposes of audits and compliance with compliance standards.
The retention of personal data will be made for the period of time necessary to comply with the above-mentioned obligations, always respecting the deadlines established in the applicable legislation.
5.11 How do I express my consent for the use of my personal data?
Whenproviding the data collected in any of the Virtual Channels virtual channels, the visitor will be automatically consenting to the rules and limits of use, protection and security established herein, as well as to the other provisions contained in the Terms of Use.
5.12 Can I cancel my consent for the use of my personal data?
Yes, the user may request via e-mail
dpo@lingopass.com.br the cancellation of the use of his/her personal data
.LINGOPASS will cease the use and treatment of data for institutional and promotional activities within 48 working hours if the user expressly cancels his/her consent to do so, as of the confirmation of LINGOPASS's receipt of such request.
5.12 What are the rights of users as holders of personal data?
LINGOPASS reserves to its users the possibility of exercising the rights set forth intheGeneral Law on Personal Data Protection ("LGPD"), and they may submit requests related to their personal data, such as:
a) Confirmation of the existence of treatment;
b) Access to personal data;
c) Correction of incomplete, inaccurate or outdated data;
d) Anonymization, blocking or elimination of unnecessary, excessive data or data allegedly treated in non-compliance with the LGPD, except in the cases provided by Law;
e) Portability of data to another service or product provider, upon express request by the user;
f) Deletion of data processed with the user's consent, except in the cases foreseen in the Law;
g) Obtaining information about the entities with which the user has shared his/her data;
h) Information about the possibility of the user not giving consent, as well as to be informed about the consequences in case of refusal;
i) Information related to the treatment, storage and destination of personal data, in the scope of LGPD;
j) Revocation of consent.
To exercise the rights indicated above, please contact us at dpo@lingopass.com.br.
6. FINAL PROVISIONS
6.1 The user is forbidden to assign or transfer to third parties the rights and obligations arising from the present instrument, in whole or in part, except with the express prior consent of LINGOPASS, including the educational content, which are for the personal and non-transferable use of the user.
6.2 LINGOPASS may outsource part or all of its obligations under these Terms of Use or their execution without prior notice or consent from the user.
6.3 A declaration of invalidity of any provision of these Terms of Useshall not invalidate any of the remaining provisions.
6.4 The tolerance of one party towards the other, regarding the non-fulfillment of any of the obligations assumed in these Terms of Useshall constitute mere liberality, not being considered novation or waiver of any right, and shall not prevent the tolerant party from demanding from the other its faithful compliance at any time.
6.5 These Terms of Use are governed by and construed in accordance with Brazilian law.
6.6 LINGOPASS may change the provisions of the Terms of Use and their related policies at any time, by posting them on the site.
6.7 Exceptionally, these Terms of Use will be considered terminated:
- by reason of an act of God and/or force majeure that prevents the execution of all or any of the services contracted, in a definitive way, as provided for in section 6.8;
- by reason of a confessed or decreed bankruptcy of LINGOPASS or judicial recovery filed by LINGOPASS, under the terms of Federal Law 11.101/2005; and
- at any time, upon thirty (30) days' prior written notice from LINGOPASS.
6.8 Acts of God or Force Majeure shall be exclusive of Liability pursuant to Article 393 and its Sole Paragraph of the Brazilian Civil Code - Law 10.406/2002.
6.8.1 The Party that is affected by an act of God or force majeure shall notify the other Party immediately in writing of the extent of the event and the estimated period of time during which it will be unable to perform or will be required to delay performance of its obligations under these Terms of Use.
6.8.2 The Party affected by an act of God or force majeure shall use its best efforts to terminate its effects.
6.8.3 Once the effects of the act of God or force majeure have ceased, the affected Party shall immediately notify the other Party in writing to restore the original situation.
6.8.4 If the occurrence of the act of God or force majeure only partially affect the performance of obligations under these Terms of Usethe affected Party shall fulfill the obligations that have not been affected by the occurrence of the act of God or force majeure.
6.9 These Terms of Use represent the entire understanding between LINGOPASS and the user in relation to the subject matter herein, and shall prevail over any other previous understandings on the same subject matter, whether verbal or written.
6.10 If any provision of these Terms of Use are found by a court of competent jurisdiction to be contrary to law, such provisions shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect.
6.11 These Terms of Use will remain valid and in force, without any alteration, interruption or need for prior notice, in the event of a merger, incorporation, spin-off, acquisition, or any other type of corporate transaction that results in the transfer of the corporate control or business of LINGOPASS to a third party.
6.12 To resolve any conflicts arising from the Terms of Use and respective policies, including Privacy Policy, it is elected the district court of São Paulo, SP.
2.4 Cancellation after the legal period for cancellation
Evenafter the 7-day legal period for cancellation, the user may cancel the license by sending an e-mail to
cancelamento@lingopass.com.br expressly stating his/her interest in cancelling the subscription.
Once LINGOPASS is aware of the user's interest in cancelling the license, it will answer the e-mail offering the following options:
a) cancellation with partial reimbursement of the price; or
b) cancellation with credit to be used in the future hiring of another license.
If the user chooses cancellation with (a) partial refund of the price, LINGOPASS will retain 30% (as a fine of 10% plus damages of 20%) of the amount due for the coming monthly fees.
If the user's option is cancellation with (b) credit, LINGOPASS will retain the amount of the monthly fees due until the date of receipt of the cancellation request, giving the user a credit in the amount equivalent to the remaining balance of the amount paid, which may be used to contract a new license, within 1 (one) year from the date of cancellation.
Once the cancellation with credit has been requested, the user will not be able to subsequently request cancellation with partial refund of the price.
The user will have a period of up to 30 calendar days from receiving the e-mail with the reply from LINGOPASS offering the 2 available forms of cancellation, to choose between (a) partial refund or (b) credit. Once the aforementioned period has passed without any reply from the user, the cancellation will be considered as a credit, with no possibility of later change to partial reimbursement.
If the user has a debit with LINGOPASS, he/she will be obliged to immediately settle it in order to effect the cancellation in the aforementioned modes.
Specific considerations for access to synchronous interaction sessions:
a) If the user is late or absent on the days when synchronous interaction sessions are scheduled, he/she will not be entitled to a refund for the missed session, and will not be able to make up for it without extra payment for the session to be recovered; and
b) If the user is late or absent on the days on which synchronous sessions are scheduled, he/she will not be entitled to a refund of the amount referring to the lost session, and will not be able to replace it without an extra payment for the session to be recovered, unless he/she requests timely cancellation of the session at least 24 business hours in advance, always in writing, by means of the e-mail
pedagogico@lingopass.com.br, duly confirmed.
In any event of cancellation of his/her Lingopass platform access license, the user shall not be entitled to a refund of the amount paid for services rendered and accesses made when the services were contracted.
3.4 Specific considerations for access to synchronous interaction sessions and hypothesis of exclusion of collaborators 3.4.1 Specific considerations for access to synchronous interaction sessions:
a) If the user is late or absent on days when synchronous interaction sessions are scheduled, the company shall not be entitled to a refund for the lost session, and may not replace the session without extra payment for the session to be recovered, unless the user requests timely cancellation of the session at least 24 business hours in advance, always in writing by e-mail
pedagogico@lingopass.com.br, duly confirmed.
b) In the event of cancellation of the Lingopass platform access license by decision of the user, the user will not be entitled to a refund of the amount paid for services rendered and accesses made when contracting the services.
3.4.2. LINGOPASS reserves the right to cancel at any time the access of all employees of a company and/or of a specific employee:
a) due to contractual breach by the contracting company;
b) due to violation by the employee of the Terms of Use or any other specific rule related to the contracted license; or
c) due to the practice of an illegal, immoral or offensive act against the legislation in force, either by the employee or by the contracting company.
3.5 Declaration of the employee
The employee declares that he/she has been previously oriented by the company to which he/she is linked in relation to all the terms and conditions of participation in the corporate plan, being aware that his/her performance and dedication will be constantly monitored and evaluated by a manager from the hiring company.
The employee also declares that he/she has previously authorized the company to send his/her contact and registration data to LINGOPASS, with the aim of accessing the Lingopass virtual platform, object of the corporate plan.
