Thank you for choosing an “EASY peasy“ product (licensed by wonderkind GmbH, Kernhofer Str. 21, 10317 Berlin, Germany) (“we, us, our”) to provide you (“you, your, yours, user”) with an online space for learning. Our services include a wide variety of content and courses, from beginner to advanced, designed to facilitate learning of a wide range of subjects which are available on (i) applications available to download on mobile, laptop and/or tablet devices (“Apps”) and at our website http://school.wonderkind.de (“Website”), or any other device , whether invented or to be invented, by which you can access our content and courses, collectively being our services to you (“Services”).
In order to access our Services, whether or not you are an existing or former user, you confirm that you have read these terms and conditions (“Terms”). Whenever you use our Services, you acknowledge that you understand and agree to these Terms, and you also agree to our Privacy and Cookies Policy. We may make changes to our Terms from time to time. We will publish all changes on this page with the date these amendments are made located at the top of the page, so that you know when we last updated the Terms. This also applies to our Privacy and Cookies Policy. Your continued use of our Services after any amendments constitutes your acceptance of any such amendments. If you do not agree to comply with these Terms, please do not register to use, access or continue to use our Services. We recommend that you print a copy of these Terms for future reference. We may terminate your access to the Services if you breach our Terms in accordance with clause 9.
Unless explicitly stated otherwise, any new features that are added to the current Services, including the release of new tools and resources, shall be subject to these Terms.
By using our Services with costs, you confirm that (i) you are at least 13 years old; and (ii) your use of the Services will not violate any applicable law or regulation in the province state, territory or country in which you reside.
We take your privacy very seriously. Any personal information (e.g. your email address) you submit to us when setting up an Account shall be subject to our Privacy and Cookies Policy located at https://www.wonderkind.de/en/privacy/ which are incorporated into these Terms. You understand that through your use of the Services, you consent to the collection and use (to the extent stated in the Privacy and Cookies Policy) of this information. You further understand, acknowledge and agree that any personal information you provide on your Profile is in the public domain and is provided at your sole liability. We accept no responsibility whatsoever for the use of any personal information you share on your Profile by you or any other individual.
3. COPPA COMPLIANCE/GDPR
4. OUR CONTENT
Except for the User Content (defined below) all of the content available through the Services (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio and other media files, their selection and arrangement, materials and all other intellectual property rights) are owned by us or are licensed to us by a third party. (“Our Content”), You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Services, as set out in clause 5. To the extent that there are trademarks, service marks and/or logos from other organisations on our Website or Apps, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to our trademarks, service marks and logos or of the trademarks, service marks or logos of those other organisations.
5. YOUR LICENCE
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.
6. USER CONDUCT
You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server(s) on which our Services are stored or any server, computer or database connected to our Services. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of us, our users and the general public.
7. PRO/Premium SUBSCRIPTION FEES
The basic version of the Services can be used completely free of charge. This includes basic learning courses and content. If you decide to advance your learning, we have a range of subscription options („Pro“ or „Premium“) to best meet your needs. You can opt to subscribe for our monthly (Monthly Pro) or annual Pro (Annual Pro) subscription (together the “Pro”) to access advanced learning courses and content. Our fees for Pro are available to view on the prodcut website of the App Store at https://itunes.apple.com/app/id1333510892?mt=8 (“Fees”). 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.
If you select Monthly Pro 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 Pro was activated. If you select Annual Pro, your subscription will automatically renew as a rolling subscription at the end of each annual period, on the date on which your Annual Pro 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 Pro subscription.
You acknowledge that, if we change the Fees, this will not affect your existing Pro subscription, therefore, if you have signed up for subscription at a certain Fee, any Fee changes will not affect any current subscription or any Renewals).
Please note that if you have purchased the subscription through Apple iTunes, Google Play or Amazon App Store or EASY peasy application, the following conditions apply for renewals of Monthly, Quarterly and Annual Pro subscription:
Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period your account will be charged for renewal within 24-hours prior to the end of the current period, the cost of renewal will be displayed in the App itself or on Apple's, Google's or Amazon's App Store. We offer promotions and temporaly reduced prices. You may change your Pro account at any time by locating the ‘Account‘ tab on the settings page of your iTunes / Google / Amazon Profile. The effect of the changes are as follows:
From Monthly Pro to Annual Pro – Annual Pro will be activated immediately after payment is processed and any time left on your Monthly Pro will be cancelled and will not be refunded; From Annual Pro to Monthly Pro – your Annual Pro will continue to be active until the expiry of the remainder of your current Annual Pro subscription and your Monthly Pro will be activated once your Annual Pro subscription has expired; Your Pro subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, the first billing day will be the day after the free trial expires. E.g for 7 day free trial the billing day will be the 8th day. However, no charges will be made if you cancel the subscription prior to the end of your free trial period. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. You may manage or cancel your membership at any time by going to your iTunes Account settings.
8. CANCELLATION AND REFUND OF PRO SUBSCRIPTION
Everything connected to the subscription can be checked and managed in your iTunes settings.
9. TERMINATION OF YOUR ACCOUNT BY US
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. 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 Pro subscription when we terminate your Account, you will not receive a refund for any time remaining on your Pro subscription.
10. NO REPRESENTATIONS OR WARRANTIES
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 or 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.
11. LIMITATION OF LIABILITY - Generally
You acknowledge and warrant that we, our officers, employees, contractors, suppliers, affiliates, agents and licensors are not and shall not be liable to you for any damages, including but not limited to loss of profit, inaccurate results, loss or corruption of Your Content or any data, data being inaccurate, the cost of recovering any data or Your Content, inability to access the Services, the cost of substitute services, claims by third parties for any damage to computers, software, modems, telephones or any other property, indirect, incidental, special, consequential or exemplary damages, even where we have been advised of the possibility of such damages. We only provide our site for consumer private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
The maximum aggregate liability of us to you in relation to any paid Pro Services (whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise) shall, to the fullest extent permitted by applicable law, not exceed the total amount of the Fees paid by you to us for the Pro Services in the 12 months prior to the initial action giving rise to the liability, which is an aggregate limit that will not increase according to the number of claims brought by you. If no Fees have been paid by you and your use of the Services has been limited to the free Services, you shall not be entitled to any damages of any kind.
If you have a dispute with another User relating to, arising from, or in any way connected with use of the Services, you release us from all claims, demands and damages of any kind or nature arising out of or in any way connected with such dispute.
LIMITATION OF LIABILITY - Copyrights
11.1. If you upload lecture notes and all other documents on the platform, you retain any rights to them as far as possible. EASY peasy shall be granted a right of use and exploitation free of charge as far as this is necessary for the provision and publication on the platform, in particular for the storage of the contents on the provider’s server as well as their public accessibility (by displaying the contents on the platform).
11.2. You may only upload content to our platform which you have created yourself or for which you have been expressly authorized to upload.
11.3. EASY peasy is entitled to edit, store, add third party advertising to the uploaded Content, add its own advertising and logos and convert the uploaded Content to other formats.
11.4. EASY peasy may remove all user content that is on the platform without giving any reason.
11.5. If you infringe the intellectual property of any third party, EASY peasy reserves the right to permanently delete your account.
11.6. You warrant that all documents and content comply with the law, in particular the Criminal Code, the Data Protection Act and other intellectual property and personal rights.
11.7. If you restore the content you have posted to EASY peasy, the right of use and exploitation granted to EASY peasy above shall expire. However, EASY peasy shall remain entitled to retain copies made for backup and/or verification purposes.
You agree to indemnify and hold us, our officers, employees, contractors, suppliers, affiliates, agents and licensors harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to, or arising out of your User Content, your use of the Services, your connection to the Services, your breach of the Terms, or your violation of any rights of another person or entity.
13. GENERAL INFORMATION
These Terms and the relationship between us and you are governed by the laws of Germany without regard to any conflict of law provisions of any jurisdiction. You agree to submit to the exclusive jurisdiction of the German 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 German. To the extent that any translated version of these Terms conflicts with the German version, the German 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 endeavour 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 by email to firstname.lastname@example.org and shall be deemed to have been received at 9.00am on the next business day after the email was sent.
Please contact us with any question you might have about these Terms by sending an email to email@example.com entitled “Questions about Terms”. Please also report any suspected or known violations of these Terms by emailing firstname.lastname@example.org entitled “Violations of Terms”. If you wish to notify us about any suspected copyright infringement of any third party, please send an email to email@example.com entitled “Copyright notification”.