Last Updated: 03 September 2023
Welcome and thank you for your interest in VocabuSay. These Terms of Service (“Terms”) apply to any VocabuSay branded websites, mobile applications, content, and software (collectively the “Services”), whether accessed via computer, mobile device, or otherwise. By joining VocabuSay as a member, purchasing a subscription to, or using the Services, you agree to be bound by these Terms.
You must register for an account by: (i) connecting through an available social media account (including, but not limited to Facebook, Weibo, and Google Plus); or (ii) providing a username, a valid email address, and any other information we may require from time to time (“Account”). You are responsible for maintaining the confidentiality of your Account details and you are fully responsible for all activities that occur under your Account. Your Account must be used only by you and must not be shared with, or transferred to any other individual. You must immediately notify us via our Contact Us page of any suspected or actual, unauthorized or fraudulent use of your Account or any other breach of security.
We take your privacy very seriously. Any personal information you submit to us when setting up an Account shall be subject to our Privacy and Cookie Policies located at https://www.vocabusay.com/privacy/ which are incorporated into these Terms.
To the extent that the Children’s Online Privacy Protection Act 1998 is deemed to apply to us, our website and apps are not aimed at children, and we do not seek to collect personal information from children. You may request access and/or rectification of your data or data relating to your children at all times via our Contact Us page.
Subject to your compliance with these Terms, we grant you a limited, personal, non-transferable, non-sublicensable, worldwide, and non-exclusive licence to use Our Content for the exclusive purpose of using the Services for your own personal, non-commercial use (“Licence”). Your Licence to use Our Content is restricted to use of the object code of the Software, and it is a condition of the Licence that, except where permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to access the Apps or the Website by any means other than through the interfaces that are provided by us for use in accessing the Service.
The Services may contain third-party owned content and links to other websites, including Facebook and Google Plus ("Third Party Websites"). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Third-Party Websites. In addition, Third Party Websites are not under our control, and we are not responsible for the content or privacy practices of the Third-Party Websites, including, without limitation, links contained on Third Party Websites or any changes or updates to Third Party Websites. We may provide third party content and Third-Party Websites to you only as a convenience, and the inclusion of such third-party content and Third-Party Websites is not an endorsement by us in favour of any third party. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through Third Party Websites. We have no responsibility for the content on Third Party Websites that you may find or access when using our Services. Content available on or through Third Party Websites may be protected by copyright and the intellectual property laws of any country.
You may download certain VocabuSay applications to be used on mobile devices such as smartphones and tablets, or other devices (“Apps”). You may also use VocabuSay content delivered by a third-party provider. If you have downloaded or purchased a subscription from a third-party app store (e.g. Apple, Amazon, Google Play) or use VocabuSay content delivered by a third party provider, you acknowledge that your use of Apps or VocabuSay content is subject to the third party’s respective terms of use. A third party may have a practice of auto-renewal of subscriptions, which is outside of VocabuSay’s control. Additionally, these third parties may be third party beneficiaries of these Terms. Use of the Apps may be subject to standard messaging, data, and other fees that may be charged by your network carrier.
Our Content can be accessed free of charge. VocabuSay app Users automatically have access to the app 'Free Plan' on installation of the app. This includes 'Free Plan' learning courses and content. If you decide to advance your learning, we have a range of subscription options to best meet your needs. You can opt to subscribe to any available app plans, monthly (Monthly Plan), quarterly (Quarterly Plan) or annual (Annual Plan) subscriptions (each a "Plan" and together the “Plans”) to access advanced learning courses and content. Our Fees are subject to different subscription plans, gift plans and promotions, and we therefore reserve the right to update our Fees from time to time. Our fees for the Plans are available to view on our website at Pricing & Plans (“Fees”). If you select a Monthly Subscription Plan your subscription will automatically renew as a rolling subscription and renew at the end of each monthly period, being one month (or as near to the date as possible) from the date on which your Monthly Plan was activated. If you select the Annual Plan, your subscription will automatically renew as a rolling subscription at the end of each annual period, on the date on which your Annual Plan was activated (each being a “Renewal”). If you proceed with a Renewal, the method of payment used to pay the Fees will be debited at the end of your current Plan. For all available plans for your individual VocabuSay Language App visit VocabuSay's Pricing & Plans page.
When browsing the VocbuSay App Pricing and Plans information , the Display Price is generally exclusive of any applicable taxes unless otherwise expressly stated. Applicable taxes will be displayed and charged at checkout on the Google Play Store Due to our international user base and the global nature of our app availability, the VocabuSay App is available to you for the currency in which you are charged and the currency displayed to you on the App Subscription screen or our Marketing site Pricing & Plans page.
You can keep track of your subscription via the Subscriptions tab located on the VocabuSay App.All Subscriptions can be managed via the Google Play store. You can cancel your monthly subscription at any time through the Play Store (or equivalent) from which you purchased your subscription. You must cancel your subscription at least 24 hours before the end of the current period to avoid an additional monthly charge. Once a subscription is cancelled, access to the app subscription premium content will expire upon the monthly subscription end date. Subscriptions are non-refundable. The VocabuSay App 'Free Forever Plan' is available to all users without a paid for subscription.
You may stop using the Services at any time. If you have an account, you may contact VocabuSay to delete it. We reserve the right to discontinue the Services, suspend or terminate your account, without notice, for any reason and without any obligation to you or any third party. Upon discontinuance of the Services for any reason, suspension or termination of your account, or upon notice from VocabuSay, your Use License to the Services will terminate immediately. If you have an active subscription when we terminate your Account, you will not receive a refund for any time remaining on your subscription.
We reserve the right to modify, temporarily suspend or permanently delete your Account and terminate your access to the Services if we have reason to believe that you have breached or acted inconsistently with the Terms. Following termination, your Licence will be automatically revoked and we reserve the right to delete your Account, erase all or any information on your Profile and discard any of your User Content. You agree that we shall not be liable to you for any modification or discontinuance of the Service. Due to technical reasons beyond our control, it might take some time until your personal information disappears completely from search engines (such as Google). We accept no liability for deletion of information or content from your Profile. You acknowledge and accept that certain User Content may remain after the termination of your Account and that the User Content Licence shall not be revoked or terminated. If you have an active subscription when we terminate your Account, you will not receive a refund for any time remaining on your subscription.
The Services and associated websites, subdomains, contents, links, software, interfaces, mobile products, applications, graphics, images, video, code, sounds, music, games, videos, applications, all audio visual or other material appearing on the Services, the design and appearance of the Services, and the accompanying information and documentation (collectively, “the Content”), are owned by or licensed to VocabuSay, and subject to the laws of England and Wales without regard to any conflict of law provisions of any jurisdiction. We reserve all rights to the Content.
We, our officers, employees, contractors, suppliers, affiliates, agents and licensors do not guarantee that our Services, or any content therein, will always be available, uninterrupted and free from bugs or viruses and you should use your own anti-virus software. You are responsible for configuring your information technology, computer and mobile phone programmes and platform to access any of our Services. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but this may not be possible. You understand and agree that the Services are provided “as is” and that you use the Services at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties of fitness of the Services for a particular purpose. We do not make any representation or warranty of any kind and do not assume any responsibility for any improvement of your language learning or your learning of any other subject by use of our Services, accuracy of Our Content, User Content or any other content available by use of the Services. Access to the Services may be slow, limited or unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for any other reason beyond our reasonable control. Our Content and User Content available by use of our Services is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
THE SERVICES INCLUDING THE CONTENT ARE PROVIDED BY VOCABUSAY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES OR THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL VOCABUSAY OR ANY OF OUR DIRECTORS, OFFICERS, OR EMPLOYEES, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM THE USE OF THE SERVICES OR CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VOCABUSAY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS EXCEED THE AMOUNT PAID BY YOU TO VOCABUSAY DURING THE PREVIOUS 12 MONTHS FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.
These Terms and the relationship between us and you are governed by the laws of England and Wales without regard to any conflict of law provisions of any jurisdiction. You agree to submit to the exclusive jurisdiction of the English and Welsh courts, except that we may seek injunctive relief in any jurisdiction in order to enforce our rights under these Terms. Under these Terms no person other than us and you shall have any rights in relation to your access and/or use of the Services, provided that our third-party licensors may take action against you to enforce any infringement of their intellectual property rights or other rights. These Terms were originally written in English (UK). To the extent that any translated version of these Terms conflicts with the English version, the English version shall prevail. If we fail to exercise or enforce any rights or provision of the Terms, this shall not constitute a waiver of such rights or provisions. If any provision of the Terms are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that these Terms represent the entire understanding between us and you and these Terms supersede any previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between us and you. Any notices or other communication given by you to us shall be done via our Contact Us page and shall be deemed to have been received at 9.00am on the next business day after the message was sent.
You agree to review these Terms periodically for new information and terms that govern your use of the Services. We reserve the right to make changes to the Services, our policies, and these Terms at any time; your continued use of the Services indicates your acceptance of any revised terms. If you do not agree to the revised terms, stop using the Services immediately. These Terms constitute the entire understanding between VocabuSay and you with respect to its subject matter and cannot be altered or amended except as outlined above. If any of the terms or conditions in these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. We may assign our rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them. No waiver by VocabuSay of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of VocabuSay. It is VocabuSay's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you wish to report an alleged infringement, please notify us (see Contact Information below) and you will receive a prompt response.
Please contact us with any question you might have about these Terms via our Contact Us page. Please also report any suspected or known violations of these Terms via our Contact Us page.
If you have any questions about our Terms and Conditions, please contact us.
VocabuSay Ltd
Registered in England & Wales
Registered number: 15261456
Registered office: VocabuSay Ltd, 86-90, Paul Street, London EC2A 4NE
Website: vocabusay.com
Email: contactus@vocabusay.com