Terms and conditions of use
Welcome to EF Hello, the premier service for people around the world to learn English.
By visiting, using, becoming a member of, purchasing a gift subscription from, or subscribing to EF Hello or using the information, tools, features and functionality located on EF Hello (the “Service” or the “App”), you are entering into a binding contract with EF Language Learning Solutions Ltd, Haldenstrasse 4, 6006 Lucerne, Switzerland (“EF LLS” or “we”) , whether you are a "Visitor" (which means that you simply browse the App) or you are a "Member" (which means that you have registered with EF Hello). The term "you" or "User" refers to a Visitor or a Member. If you wish to become a Member, communicate with other Members and/or make use of the Service, you must read these Terms and Conditions of Use (the “Terms”) and indicate your acceptance during the registration process.
If you do not agree with these Terms, please do not use the Service.
In order to use the Service, you need to (a) be 16 years of age or older, or be 13 years of age or older and have your parent or guardian’s consent to the Agreement, and (b) have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. You also warrant that any registration information that you submit to us is true, accurate and complete, and you agree to keep it that way at all times.
Before you continue, you should print or save a local copy of this Agreement for your records.
1 Changes to the Agreement, Term and Termination
The Agreement will continue to apply to you until terminated by either you or EF LLS. EF LLS may terminate the Terms or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service or non-compliance with the Terms. If you or EF LLS terminate the Terms, or if EF LLS suspends your access to the Service, you agree that EF LLS shall have no liability or responsibility to you and EF LLS will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To terminate your EF Hello account, please contact us here.
The Service and the content provided through it is the property of EF LLS or EF LLS’s licensors, and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Service and to receive the content made available through the Service in your local country, based on the subscription or trial you have selected (the “License”). This License shall remain in effect for a period of 20 years unless terminated by you or EF Hello.
The EF Hello software applications are licensed, not sold, to you, and EF LLS or its licensor retains ownership of all copies of the software applications even after installation on your devices.
All materials of the Service, including content, text, images, software, audio and video files, documentation and EF Hello remain at all time the sole property of EF LLS or its licensors. Such materials are protected under international copyright, trademark and other intellectual property laws. You may not post, distribute, sublicense, translate or reproduce in any way any such materials without the prior express written consent of EF LLS.
All EF LLS’s trademarks, service marks, trade names, logos, domain names, and any other features of the EF Hello or EF brand are the sole property of EF LLS or its licensors. This license does not grant you any rights to use the EF Hello or EF trademarks, service marks, trade names, logos, domain names, or any other features of the EF Hello or EF brand, whether for commercial or non-commercial use.
You agree to abide by our User Guidelines (Section 3 below), and not to use the Service in any manner not expressly permitted by the Terms. You are only entitled to access and use the Service for lawful purposes.
3 User Guidelines
We’ve established a few ground rules for you to follow when using the Service, to make sure EF Hello stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
Please note that the opinions and messages posted by users at EF Hello do not reflect and are not representative of the views of EF LLS or its employees, affiliates, suppliers or partners. EF LLS is not responsible for the content of messages sent by users to other users through EF Hello.
3.1 User generated content
EF LLS strives to create a global community of English language learners. As such, users may have the ability to post messages, upload and/or contribute content to the Service, including pictures and text, use chat rooms, participate in group or one-on-one discussions/lessons, and find English resources, such as pen pal correspondents, local English schools and job offers (hereinafter jointly “User Content”). You represent that you have the right to post or in other ways contribute any User Content which you post or otherwise contribute to the Service, and that such User Content, or its use by us, does not violate this Agreement, any applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with EF Hello. This license lasts for five years after termination of your EF Hello account. Aside from the rights specifically granted to us herein, you retain ownership of all rights, including intellectual property rights, in the User Content, except that, where applicable under local law, you agree to waive your right to be identified as the author of any User Content on the Service and your right to object to derogatory treatment of such User Content.
You are solely responsible for the content of the User Content. In addition, by using these Services, you agree not to publish, contribute or post any material that:
* Contains content that is not original or for which you have not received the prior express written consent of the originator of said content.
* Contains objectionable language or is in any way profane, pornographic, sexually explicit, slanderous or libelous.
* Attempts to contact a fellow user of the Service without explicit solicitation by that user.
* Contains viruses or any other code designed to interrupt, destroy or incapacitate the functionality of any software, hardware or telecommunications.
* Can be considered "spamming," such as chain letters, junk mail, or other solicitations.
* Attempts to impersonate another person or breaches the security of the Service and its users.
EF LLS may remove any posted message, recorded discussions/lessons or other User Content at any time. Any directory over fellow students, including the information contained therein represents proprietary information owned and maintained exclusively by EF LLS. Using the directory for any purpose other than language learning correspondence between EF Hello members is strictly forbidden.
EF LLS does not actively monitor, review, or edit User Content, but reserves the right to monitor the Services for purposes of determining that the usage is in compliance with this Agreement and applicable laws. EF LLS may remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in EF LLS’s sole discretion, violates law, this Agreement or is otherwise unacceptable to us. EF LLS may take these actions without prior notification to you.
If you believe that any User Content infringes your intellectual property rights, or that your rights have been otherwise infringed by any User Content, or if you believe that any User Content does not comply with the User Guidelines, please contact us at IP.EF@ef.com.
3.2 Intellectual Property
EF LLS respects intellectual property rights and expects you to do the same.
This means, for example, that the following is not permitted: (a) copying, reproducing, “ripping”, or making available to the public any part of the Service or content delivered to you via the Service, or otherwise any making use of the Service which is not expressly permitted under these Terms; (b) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Service or any part thereof; (c) circumventing any technology used by EF LLS, its licensors, or any third party to protect content accessible through the Service; (d) renting or leasing of any part of the Service; and (e) providing your password to any other person or using any other person’s user name and password.
You agree that you will not:
* Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor EF Hello or any portion of EF Hello, without EF LLS’s express written consent, which may be withheld in EF LLS’s sole discretion;
*Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search EF Hello, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer); or
* Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of EF Hello or the Service.
If you believe that any User Content infringes your intellectual property rights, please contact us at IP.EF@ef.com.
3.3 User activities
Please respect EF Hello and other users of the Service.
Don’t engage in any activity on the Service, contribute or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of EF LLS or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content, such as viruses, worms, Trojan horses or any other contaminating or destructive features, or otherwise interferes with any user’s access to the Service or the proper working of EF Hello or the Service; (e) is intended to or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar (h) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (i) promotes commercial products or services; (j) interferes with the Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or EF LLS’s computer systems or network, or breaches any of EF Hello’s security or authentication measures, or (k) conflicts with the Agreement, as determined by EF LLS.
Please be thoughtful about what you make public on EF Hello. The Service includes social and interactive features, including the ability to post and otherwise contribute User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared, recorded or otherwise publicly available information may be used and re-shared by other users on EF Hello or across the web, so please use EF Hello carefully and manage your account settings regularly. EF LLS has no responsibility for your choices to make any actions or material public on the Service.
You are responsible for maintaining the secrecy of your EF Hello account (the "Account"), username and password. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please contact us here. immediately and change your password as soon as possible.
In order for the Service to function effectively, you must also keep your registration information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
In our sole discretion, we may terminate your Account, or modify, reclaim or remove any username associated with your Account, for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account and/or the Service.
4 Technology limitations and modifications
EF LLS will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. EF LLS reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand and agree that EF LLS has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
5 Privacy and Security Policy
6 Consent to the Processing of Personal Data
Your personal data, such as personal data provided by you or generated through your activities on the app will be processed by EF LLS for the purposes of providing you with English language training, for customer service, or as otherwise necessary to perform the contract for language training between you and us.
Please note that we ask you not to disclose any sensitive personal information on or through the App or otherwise to us.
We may share your personal data with our corporate affiliates and other business partners, both within and outside the EEA/Switzerland. We have put appropriate safeguards in place for transfers of your personal data outside the EEA/Switzerland, including the standard data protection clauses adopted by the European Commission. EF LLS and its affiliates may also use your personal data, combined with information about you obtained from third party sources, to market our products and services, including special promotions based on your interests.
You have the right to, at any time, withdraw your consent or object to us using your personal data for direct marketing purposes by contacting us at the address set out below.
We will only keep your personal data for as long as it is necessary for the purposes for which it has been collected or in accordance with time limits stipulated by law and good market practice, but in any event no more than five (5) years after your course has expired, unless further retention is necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims. We will keep your personal data for marketing purposes until you withdraw your consent.
If you would like to have a copy of the information EF LLS holds about you, or a copy of the standard data protection clauses, or would like to rectify or erase personal data, or restrict the processing of personal data, or otherwise object to our processing, or use your right to data portability, please contact EF LLS or at Elivedatarequest@ef.com. If you would like to lodge a complaint, please contact the supervisory authority in the country where you live.
7 EF Hello Informed Consent for Research at the Department of Theoretical and Applied Linguistics at the University of Cambridge
The EF Education First Research Lab for Applied Language Learning (formerly the Education First Research Unit) at the Department of Theoretical and Applied Linguistics at the University of Cambridge (“DTAL at Cambridge”) was launched in February 2010 to advance research in the second language learning and teaching of the English language.
The EF Education First Research Lab for Applied Language Learning is sponsored by EF Education First (below EF). As part of EF’s investment in research, EF has partnered with the DTAL at Cambridge and has agreed to gather the written and spoken examination scripts/course assignments of learners of English from EF Testing and Learning Services (including by way of example but not limitation English Live, EF Hello, EFSET, English First and EF LLS) to help the DTAL at Cambridge create a rich database for language research studies, known as the EF Cambridge Open Language Database (EFCAMDAT). All examination scripts/course assignments entered in the EFCAMDAT do not contain the personal data of EF students. The Database is available to researchers worldwide investigating learning of English as a foreign language.
When you register to use any of the EF Testing and Learning Services, EF collects information about you, including your personal data, and your examination scripts/assignments. To assist the DTAL at Cambridge in its research, by becoming an EF Testing and Learning Services Member and enrolling in an EF Testing and Learning Services course, you or, if applicable, your parent or legal guardian on your behalf as agreed with EF, hereby agree and give consent to EF to reproduce and transfer to the DTAL at Cambridge and enter into the Database EFCAMDAT any material/information that you author or create during EF Testing and Learning Services courses or activities such as your examination scripts/course assignments (written and/or spoken). This includes use by the DTAL at Cambridge of your materials in their original and transcribed form in all media and for their full term of copyright. For this purpose, the following personal data will be transferred by EF to the DTAL at Cambridge:
* Your date of birth (only to establish the age group you are in)
* Your nationality
* Your examination scripts/course assignments, the level/unit/exercise
The personal information noted above will only be accessed by authorized personnel involved in the research project at the DTAL at Cambridge. The information will be retained by the University of Cambridge, shall be securely stored and will only be used for the purpose of research, statistical and audit purposes. The information will be processed by the University of Cambridge in accordance with the provisions of the UK Data Protection Act 1998. All examination scripts/course assignments entered in the EFCAMDAT database shall not contain personal data or contact details traceable to its authors.
The “Data Controller” for the processing of data received by the DTAL EF Research Unit is the University of Cambridge, University Data Protection Officer, The Old Schools, Trinity Lane, Cambridge, UK CB2 1TN, tel. +44 1223 332320, fax +44 1223 332332, email: firstname.lastname@example.org.
Any queries you may have about the EF Research Unit program of research at the DTAL at Cambridge and its use of your EF Testing and Learning Services assignments and personal data should be addressed in the first instance to:
Department of Theoretical and Applied Linguistics (DTAL) EF Education First Research Lab for Applied Language LearningUniversity of Cambridge9 West RoadCambridge, United KingdomCB3 9DAtel. +44 1223 767384Dr Dora Alexopoulou, Principal Research Associate, DTAL – email: email@example.com
8 FEES AND PAYMENTS
Some materials and features of the EF Hello App may only be available through purchase. In accordance with this Agreement, you are responsible for any charges associated with the connection to the App. EF Hello reserves the right to introduce registration fees, or other fees, at any time or to change or set up new rates, upon notice posted in the App, sent by email, by text message or by mobile phone.
The purchase details of your current course are always available through the “Manage Subscription” section of the EF Hello App.
9 Limitation OF LIABILITY and indemnification
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Service, the third party applications is to uninstall any EF Hello software and to stop using the Service or the third party applications.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EF LLS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER EF LLS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO THE COMPANY DURING THE PRIOR THREE MONTHS IN QUESTION.
Nothing in this Agreement removes or limits EF LLS’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence to the extent permitted by law.
You agree to indemnify, defend and hold harmless EF LLS and its affiliates, partners, suppliers, and employees from any and all liability, claims, costs, or damages arising from your use of EF Hello or the Services or your breach of this Agreement.
EF LLS may assign the Agreement or any part of it without restrictions. You may not assign the Agreement, or transfer or sub-license your rights under this license, to any third party. Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
Unless otherwise agreed or required by a mandatory law, these Agreements are subject to the laws of Switzerland, without regard to choice or conflicts of law principles. Further, you and EF LLS agree to the exclusive jurisdiction of the courts of Switzerland to resolve any dispute, claim or controversy that arises in connection with this Agreement. The European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact us at Elivedatarequest@ef.com.
You agree that if EF LLS does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which EF LLS has the benefit of under any applicable law), this will not be taken to be a formal waiver of EF LLS’s rights and that those rights or remedies will still be available to EF LLS.
All covenants, agreements, representations and warranties made in this Agreement shall survive the termination of this Agreement.
Thank you for reading our Terms. We hope you enjoy EF Hello. If you have any questions about EF Hello or EF LLS's policies and practices, please contact us here.