Terms and Conditions

Welcome to www.pingusenglish.com website (the “website”). Please read these conditions carefully before using the www.pingusenglish.comwebsite. By using this website, you signify your agreement to be bound by these conditions.

1.0 Privacy Policy

Data protection

We confirm that any personal information which you provide to us and from which we can identify you, will be handled securely and confidentially and in accordance with the Data Protection Act 1998 and other applicable laws. We use your information only for the following purposes outlined in this Privacy Policy statement.

We (and our representatives) may hold your personal details to enable us to process your order or business enquiry and provide after-sales care, and for our assessment and analysis purposes so that we can review and improve this website and its services to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003

Keeping In Touch With You

If you consent, we will also use your information for marketing and PR purposes to notify you of products, special offers or new business opportunities that may be of interest to you. We may also use third parties to carry out certain activities, such as processing and sorting data, monitoring how customers and potential business partners use our site and issuing our emails for us.
We never make your personal details available to other companies for marketing purposes other than for the marketing of Linguaphone

Group branded products and services

When entering any competitions, prize draws or surveys, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or prize draw, you are also included in our e-newsletter list to receive notice of promotions, special offers. At any time, you can ask us not to send you future marketing communications. To do this, simply click here and then include the following in the main text:-

· your full name
· your postal address, including postcode
· your email address
· what methods of communication you no longer want to receive
You may also unsubscribe following the unsubscribe instructions in any marketing communications you receive from us.

Liability Exclusion Clause

In the course of the further development of our websites and online services and the implementation of further technologies our data protection policies will also change, if necessary. Therefore the Linguaphone Group reserves the right to change these policies at any time, and as such, we recommend that you read through this privacy policy from time to time.

Access to www.pingusenglish.com

We will always try to ensure that availability of our websites and online subscription services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

2.0 Copyright policy

Defamation claims

www.pingusenglish.com operates on a “notice and takedown” basis. If you believe that any content on, or advertised for sale on, this website contains a defamatory statement, please notify us immediately by following our Notice and Procedure for Notifying of Defamatory Content below. Once this procedure has been followed, www.pingusenglish.com will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

Trademarks

www.pingusenglish.com is a trademark, registered trademark, or intellectual property managed by Pingu’s English and LG & DE Limited, in the European Union and/or other jurisdictions. The graphics, logos, page headers, button icons, scripts and service names of www.linguaphone.co.uk and www.linguaphone-ishop.com are the trademarks or intellectual property of Pingu’s English. Pingu’s English trademarks and intellectual property may not be used in connection with any product or service that is not Pingu’s English, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Linguaphone. All other trademarks not owned by Linguaphone that appear on these websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LG & DE Ltd.
The Pingu Character Set and all copyrights, trademarks and other proprietary rights in or associated with the Character Set are owned exclusively by JOKER, INC. d/b/a THE PYGOS GROUP.

Pingu’s English is a registered trademark. Other product and company names mentioned herein may be trademarks or trade names of their respective owners. Your access to this site should not be construed as granting, by implication, or otherwise, any licence or right to use any marks appearing on the site without the prior written consent of the Linguaphone Group or the third party owner thereof.

The Linguaphone Group maintains and defends its brand names and trademarks via selected agencies who work alongside the trademark bodies of each country’s government. A constant search for any infringements to our brands or copyrights is undertaken and suitable action taken to prevent or cease abuse.

Copyright

Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of the Linguaphone Group is prohibited except in accordance with the following terms.

The Linguaphone Group consents to you browsing the Pingu’s English website on your computer or printing copies of extracts from these pages for your personal use only and not for redistribution unless consented to in writing by the Linguaphone Group.

Individual documents on our website may be subject to additional terms indicated in those documents. The use of this site and the content therein, is permitted to private, non-commercial use. The use of press releases and other documents classified as public is permitted in public communications if the source for the information has been stated.

This site and the contents herein are provided as a convenience to you. The contents of the Pingu’s English website pages are provided on an “as is” and “as available” basis. The Linguaphone Group does not warrant that its website pages will be uninterrupted or error-free. The Linguaphone Group reserves the right to revise the pages or withdraw access to them at any time.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ww.pingusenglish.com, its affiliates or its content suppliers, and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this website is the exclusive property of www.pingusenglish.com and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of www.pingusenglish.com, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws.

You may not systematically extract and/or re-utilise parts of the contents of the website without express written consent from www.pingusenglish.com. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without express written consent from www.pingusenglish.com. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without express written consent from pingusenglish.com.
www.pingusenglish.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please use the procedure at the end of this document to contact us.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the welcome page of www.pingusenglish.com as long as the link does not portray www.pingusenglish.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any www.pingusenglish.com logo or other proprietary graphic or trademark as part of the link without our express written consent.

Your Conduct

You must not use our websites in any way that causes, or is likely to cause, the websites or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not www.pingusenglish.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use www.pingusenglish.com for any of the following: for fraudulent purposes, or in connection with a criminal offence or other unlawful activity to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” to cause annoyance, inconvenience or needless anxiety.

Photo credits

Images have been supplied by Linguaphone Group partners.

Other images are copyright of Thinkstock images. Image reference numbers: 83663430, 105930985, 94060683, 93111980, 83663444, 116502379.

3.0 Other businesses

We may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of, any of these businesses or individuals or the content of their websites. www.pingusenglish.com does not assume any responsibility or liability for the actions, product, and content of any of these and any other third parties. You can tell when a third party is involved in your transactions, and we may share customer information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

4.0 Electronic communications

When you visit www.pingusenglish.com or send e-mails to us, you are communicating with us electronically. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights. Please refer to our Privacy Policy for more details.

5.0 Losses

www.pingusenglish.com will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using our websites, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. www.pingusenglish.com does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty.

6.0 Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our websites, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the websites or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

7.0 Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

8.0 Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

9.0 Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

10.0 Our details

Pingu’s English is a trading name for LG & DE Limited.
This website is owned and operated by LG & DE Limited
Company registration number: 05694539
VAT number: 872905009

Notice to www.linguaphone-ishop.com of Copyright Infringement.

If you believe that your work has been copied in a way that constitutes copyright infringement, copy the “Notice to www.pingusenglish.com of Copyright Infringement” below into a new document, complete it in accordance with the instructions in the Notice and send a printed, signed copy to: Copyright Claims, www.pingusenglish.com, Head of Marketing, LG & DE Ltd, Liongate Enterprise Park, 80 Morden Road, Mitcham CR4 4PH.

Please note that this procedure is exclusively for notifying www.pingusenglish.com that your copyrighted material has been infringed. Please provide your address, telephone number, and e-mail address. Important Warning: giving false, misleading or inaccurate information in the Notice to www.pingusenglish.com of Copyright Infringement may result in civil and criminal liability.

Notice to www.pingusenglish.com of Copyright Infringement

In the matter of www.pingusenglish.com

Statement
I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:

I refer to the website www.pingusenglish.com / (“the website”). I make this statement in support of my giving www.pingusenglish.com / www.linguaphone-ishop.com notice that, via the website, it is causing or contributing to an infringement of copyright.
The work in which copyright is claimed to subsist is [please clearly identify and describe the copyright work(s) claimed to be infringed] (“Copyright Work”).
[I am] OR [I am authorised to act on behalf of] the owner of an exclusive right in the Copyright Work that is claimed to be infringed. [If the person making the statement is acting on behalf of the Complainant please include the following:] The person/entity claiming that its rights in the Copyright Work have been infringed is [please state name and address of the person/entity] (“Complainant”). I am [please explain the relationship of the signatory to the Complainant].
The material which is claimed to infringe the Copyright Work (“Infringing Material”) is: [please clearly identify and describe the infringing material or work(s)].
The Infringing Material (delete whichever paragraph is not applicable): (a) [is] OR [is part of a (book/CD/DVD/video/MP4 player) entitled (title and author)] available from www.pingusenglish.com via the website. [If the Infringing Material comprises only part of the relevant title, include the following:] The Infringing Material comprises [please describe where in the product the copyright work appears, eg: pages, track numbers, video/DVD timecode] of this product.
OR
(b) appears on the website at [please cut and paste the address of the relevant Web page from the website where the Infringing Material appears].
The use of the Infringing Material described in paragraph 5 infringes [my rights] OR [the rights of the Complainant] in the Copyright Work and is not authorised by the copyright owner, its agent(s), or the law.
I understand that this statement may be used in any court proceedings that may arise out of or relating to the Infringing Material.

Statement of Truth
I declare the facts stated above to be true.
Signed:
Date:

Notice and Procedure for Notifying www.pingusenglish.com of Defamatory Content
If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by copying the “Notice to www.pingusenglish.com of Defamatory Content” below into a new document, complete it in accordance with the instructions set out in the Notice and send a printed signed copy to: Defamation Notices, www.pingusenglish.com, Head of Marketing, Linguaphone Group, Liongate Enterprise Park, 80 Morden Road, Mitcham CR4 4PH. Please note that this procedure is exclusively for notifying www.pingusenglish.com of Defamatory Content on or advertised for sale on the www.pingusenglish.com website. Please provide your address, telephone number, and e-mail address when sending the notice to us.
Important Warning: giving false, misleading or inaccurate information in the Notice to www.linguaphone.co.uk of Defamatory Content may result in civil and criminal liability.
Notice to www.pingusenglish.com of Defamatory Content
In the matter of www.pingusenglish.com