These general terms and conditions apply to orders for services placed by the student by ordering services via email, telephone call or video call.
The general terms and conditions of business constitute a valid contract that is entered between you and Language Magic Adventures Corporation. The general terms and conditions of business apply to all customers who place an online order. By agreeing to the general terms and conditions of business, you enter into a contract with Language Magic Adventures Corporation.
It is not possible to purchase our services without agreeing to these general terms and conditions. The student is obliged to agree to the general terms and conditions in their entirety; partial agreement with the terms is not possible.
By confirming the order, the student confirms that they have fully read and understood these general terms and conditions before placing the order, and fully agree to them.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE AGREEING TO THEM AND CONFIRMING YOUR ORDER.
Online orders are handled by Language Magic Adventures Corporation.
Contact details of the company:
Language Magic Adventures Corporation
200 Continental Drive
Newark, Delaware 19713
[email protected]
1. Basic terms
Provider and/or “LMA”, also “we” or “us”, refers to Language Magic Adventures Corporation, which is the provider of the service, which is subject to these general terms and conditions.
Online order is an order that the student places via email, telephone call or video call at a distance, under the conditions defined in these general terms and conditions of business.
The student, who may also be referred to as “you” or “yours”, is a physical or legal entity who places an online order.
The service is a foreign language course that is conducted in the form of a video call.
The Website is provided by Language Magic Adventures Corporation and available only to entities and persons over the age of legal majority who can form a legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Website.
2. Purchase
The student can make a purchase by placing an order via:
When placing an order, the student provides information about:
The Provider confirms the received order and sends the student a proforma invoice, which is accompanied by these general terms and conditions of business. In this way, an offer from the Provider is valid for the period specified on the proforma invoice. The student confirms the offer by paying the amount on the proforma invoice.
By paying the proforma invoice, the student confirms their agreement to the general terms and conditions. Payment of the proforma invoice represents the moment of conclusion of the contract between the Buyer and the Provider. After paying the proforma invoice, changes to the order are no longer possible.
If the student fails to pay the amount on the invoice within the validity period of the offer, it is considered that the offer has lapsed, and the Provider is no longer bound by it.
The student receives an invoice for the ordered service after the Provider has provided the service.
3. Offer and availability of services
The provider offers foreign language courses, with the course being conducted online via video call between the student (Course Participant) and the course provider (Provider).
The course consists of two parts: an individual and a group part.
During the individual part, the Course Participant has two individual meetings with a language expert and receives materials and resources (hereinafter referred to as Materials) necessary for the course. After completing the individual part, the Course Participant continues with group education.
The Provider reserves the right to change the date of the scheduled group education if there are not enough registrations, and replaces it with any date of their choice.
The Course Participant agrees on the initial individual meeting date with the Provider. The Provider determines the initial group meeting date. The scheduled dates are fixed, and rescheduling is only possible with the consent of the Provider. Rescheduling by the Provider is possible due to reasons specified in these general terms and conditions.
The Provider determines the offer of individual services and strives to provide the execution of all services listed on the Provider’s website to the best of their abilities. The Provider reserves the right to reject an order if the course for a specific language cannot be carried out.
The Provider reserves the right to change the start date of the group course in case of force majeure events, as defined in these general terms and conditions.
The Provider strives to provide accurate and complete information about the services. Despite their efforts, the Provider reserves the right to incorrect information about individual services.
These Terms of Use govern Your use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Website (“Service Agreement(s)”). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.
4. Prices and Payments
4.1. Prices
All prices in the purchasing process are in USD and represent the final price, in accordance with the applicable legislation of the company’s domicile.
The customer who has submitted an inquiry will receive an offer from the provider, which includes the price. If the customer does not make the payment within the validity period of the offer, the order is considered canceled, and the provider is released from all obligations arising from the offer. If the customer makes the payment after the expiration of the offer’s validity period, and there is a price change during the payment execution, the provider will notify the customer and offer:
The provider has the right to change prices at any time. The price valid for the customer is the one in effect at the conclusion of the sales contract, i.e., upon confirmation of these general terms and conditions. The price determined at the conclusion of the legal transaction is fixed and does not change. In the event of an error in the service price subject to the order according to these general terms and conditions, the provider will immediately notify the customer and offer the following options:
withdrawal from the contract and refund of the purchase price;
confirmation of the order at the correct price.
The customer has the option to pay in one installment, before the start of the program. Alternatively, the customer can make the payment in two parts. First, the customer pays a deposit, which secures a place in the course and use of the services. Payment of the deposit represents the conclusion of the legal transaction under these general terms and conditions. The remaining amount must be paid by the customer no later than two weeks before the start of the group program.
4.2. Payment options
The provider enables the customer to pay by credit or debit card or bank transfer.
After paying the deposit, the customer can start with the individual part of the program, as defined above.
4.3. Promotions and other benefits
As part of its business, the provider prepares various promotional benefits, discounts, and other activities (hereinafter only promotions). The provider organizes these promotions at its own discretion, and certain promotions can also be subject to conditions (e.g., benefits only for new customers). The customer is obliged to carefully read the conditions of each promotion, which the provider will publish separately for each promotion.
The provider reserves the right to limit the duration of individual promotions or to include only a limited quantity of services in a promotion.
Benefits cannot be combined. The customer can only use one promotion of their choice for the purchase. Promotions cannot be redeemed in any other way, nor can the promotional benefit be paid out in cash.
5. Warranties and Guarantees
5.1. Adequacy of Hardware and Software
The student is responsible for providing their own adequate hardware and software for the course. The student must have (at least) appropriate hardware (computer, tablet, etc.) capable of running video conferencing software, software for making video calls, and an internet connection of sufficient quality to enable smooth transmission of video and audio for the course. The provider does not guarantee these conditions as part of their service offerings. The student is solely responsible for ensuring the appropriate conditions for using the services.
The student must thoroughly review these specifications before purchasing and ensure that the required hardware and software are compatible with their own equipment. The provider does not accept returns due to the student’s inability to use the services. The provider is not responsible for any damage resulting from the use of incompatible hardware and/or software by the student.
5.2. Satisfaction Guarantee*
At Language Magic Adventures, our foremost commitment is to provide you with customized programs tailored to your language learning needs. We want to assure you that your satisfaction is our top priority. While program fees are generally non-refundable due to the extensive work, time, and resources invested in designing your custom program, we offer a robust Satisfaction Guarantee*.
Program fees are generally non-refundable, except in cases where the conditions mentioned below are met, allowing for a potential refund of up to 100% based on the evaluation of achieved results. However, please note that if you do not complete the program, the program fees are non-refundable.
Additionally, if you are unable to participate in the program for any reason, your program will be put on pause for up to 180 days. After this period, if you do not resume your program, it will be deemed to be completed.
Our goal is to give you results, but results require effort on both of our ends. To receive a money-back guarantee, you must stick to your outlined program to complete the program. This includes the following conditions:
To qualify for the refund and claim the Satisfaction guarantee, you must follow the procedure detailed below:
5.3. Chargeback Policy
Client agrees not to request, advise, file a claim, or seek Client’s bank or credit card company for a chargeback for consideration paid under this Agreement with LMA. Client agrees to waive any rights Client may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under Client’s credit card issuer’s procedures for resolving such disputes). Client agrees that any disputes that Client may have with respect to consideration paid hereunder must be addressed directly between Client and LMA.
If a chargeback occurs, Client shall have materially breached the Agreement and shall forfeit all remaining services that have not yet been performed under the Agreement. LMA shall have no further obligation to Client. Further, the amount of the chargeback shall be subject to a finance charge in the amount of one-and-one-half percent (1 ½%) per month until paid in full by Client. Further, LMA shall be entitled to recover from Client all damages, and reasonable and necessary attorneys’ fees, and costs associated with pursuing collection and/or recovery of the amount of the chargeback.
5.4. Warranty
The provider excludes warranty for defects in the services. If it is found that the exclusion of warranty is not entirely possible, the provider sets a warranty period for defects of 6 months from the completion of the service. The provisions of the Obligations Code (OC) apply to the procedure and time limits for asserting warranty claims. This regulation applies to purchases by legal entities. If the student is a natural person (hereinafter also referred to as the “consumer”), the warranty rules specified below apply.
5.5. Accreditation
The provider does not grant accreditation for completing the ordered service (i.e. language course). The provider issues a certificate of completion for the course, but this certificate does not represent a certification.
6. Disclaimer
The Provider does not guarantee that the services are suitable for the specific purpose pursued by the Course participant. The Course participant is obliged to independently verify whether the Provider’s products are suitable for the purpose pursued and whether the participant has the appropriate hardware and software to perform the services. The Provider assumes no responsibility for any damage that may result from the unsuitability of the services.
The website, the company, systems, the information, the services and the content are provided on an “as is” basis. Company, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose. Company and its affiliates, licensors and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the website or the company, systems. No information obtained by you from the website shall create any warranty not expressly stated by company in these terms of use.
Some jurisdictions do not allow limitations on implied warranty, so the limitations and exclusions in this section may not apply to you. If you are dealing as a consumer, your statutory rights that cannot be waived, if any, are not affected by these provisions. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms of use are fair and reasonable.
The Provider does not guarantee that the Course participant will achieve the desired or expected goal, effect or consequence by using its services, and the Course participant cannot demand any compensation or other payment from the providers because they did not achieve the goal, effect or consequence. The Course participant is aware that each individual is an individual and that the Provider does not guarantee that the services and/or products will achieve the desired result for the Course participant.
The liability of the Provider and persons who perform services for the Provider for any damage that the Course participant may suffer as a result of participating in courses conducted or organized by the Provider, and for any damage that the Course participant may suffer in connection with such courses, is fully excluded.
The Provider does not guarantee that the website will operate smoothly or without errors, nor that it is free of viruses or other harmful components, or that the courses or content offered will meet the needs or expectations of the Course participant. The Provider also does not guarantee the accuracy, completeness, timeliness or quality of course delivery, related content and materials, or that certain courses or content will be available.
All of the above limitations apply to the fullest extent permitted by applicable law. The use of the services is at the user’s own risk. The Course participant bears the risk of any damage that may occur.
6.1 Complaints Procedure
The following complaints procedure applies to the Provider, and is applied in a meaningful way to all claims available to the Course participant within these general terms and conditions.
The complaint procedure consists of two steps, which are defined below:
6.2 Support
The Provider is available to Customers at the email address: [email protected].
7. Intellectual property protection
Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole property of Language Magic Adventures Corporation, its affiliates or third parties. The Content is protected by copyright, trademarks, and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of Language Magic Adventures Corporation, its affiliates or other entities that have granted Language Magic Adventures Corporation the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Language Magic Adventures Corporation. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without Language Magic Adventures Corporation’s or the appropriate third party’s prior written permission. Except as expressly provided herein, Language Magic Adventures Corporation does not grant to You any express or implied rights to Language Magic Adventures Corporation’s or any third party’s Intellectual Property.
7.2. Content
All information on the website and in the online store is for informational purposes only. The Provider reserves the right to errors in the content on the website. Nothing written on the Provider’s website or online store obliges or represents an obligation of the Provider. The Provider provides instructions for use on the website for informational purposes.
Data, graphic and textual materials, and any other materials (e.g. video content, graphics, sketches, etc.) that the student acquires as part of the services provided are copyrighted works and are protected by copyright and/or intellectual property law. By using the website and/or services, the student does not acquire any copyright, proprietary, or intellectual property rights. The student has the right to use the materials.
8. Data protection
The provider protects the personal data of customers and processes personal data in accordance with the privacy policy, which is available on the provider’s website.
9. Final provisions
Contract initiated. These general terms and conditions, together with the online order placed, constitute a contract initiated between the customer and the provider.
Independence of provisions. If any provision of these general terms and conditions (in whole or in part) is found to be illegal, void, or otherwise invalid, such provision shall be deemed deleted (in whole or in part), and the remainder of the general terms and conditions shall remain in effect.
Full legal capacity. The student warrants that they have full legal capacity to enter into a valid legal transaction. If the student is a legal entity, they warrant that they have the ability to represent the legal entity to enter into a valid transaction, or have obtained the appropriate authorization from the legal representative of the legal entity to carry out a valid legal transaction. If a purchase is to be made by a partially legally capable person, the student warrants that the transaction is one for which they are legally capable, or that they have concluded such a legal transaction with the appropriate consent of their guardian or representative.
Familiarity with the conditions. The student warrants that they have read these terms and conditions in full and are fully familiar with them, particularly with the limitations of liability that have been established.
Changes to conditions. The student has no right to modify or waive, in whole or in part, the validity of any provision of these general terms and conditions. The provider has the right to change these terms and conditions at any time. Any changes shall take effect on the date of acceptance of the new version, unless otherwise specified in the general terms and conditions themselves. The general terms and conditions in force at the time of the purchase shall apply to each purchase. The valid version of the terms and conditions is always available to the student at: https://lma-method.com/terms-of-service/. The provider does not undertake to maintain invalid versions of the general terms and conditions in business dealings, so the student is encouraged to save the general terms and conditions valid at the time of the order on their local device or to ensure a physical copy.
Force majeure event. The provider shall not be liable for any damage arising as a result of force majeure. Force majeure includes any event that is unforeseeable and beyond the control of the provider. Force majeure includes, in particular: power outages, strikes, war conditions, extraordinary circumstances, epidemics, as well as unexpected and sudden absence of foreign language instructors. The provider shall immediately inform the student of the force majeure event and provide an approximate deadline for remedying the consequences of the force majeure.
Entire agreement. These general terms and conditions constitute the entire agreement between the contracting parties. Any previous agreements or negotiations, whether written or oral, are fully replaced by these terms and conditions.
Language versions. These terms and conditions are established in English language. The provider provides translations of these terms and conditions to ensure that the customers are informed of the terms and conditions of the agreement in their own language. In the event of any conflict or inconsistency between the English version and the translated version of these terms and conditions, the English version shall prevail.
These general terms and conditions of business were adopted on December 13, 2022.