GENERAL TERMS AND CONDITIONS OF SERVICE
The following are the General Terms and Conditions of Service (hereinafter referred to as "Terms and Conditions"), which are provided by INDRAMERICA S.A.S., whose trade name is LMK Global English Centre, (hereinafter referred to as "LMK" or the "Company").
This document includes the Privacy Policy used by the Company.
Please note that by making use of the service provided by LMK, taking any of its courses and programs, you accept these Terms and Conditions, therefore you expressly understand and agree to them.
1. SERVICE PROVIDED
1.1 Definition
LMK is a global live online English language training center that seeks to provide better opportunities for international academic and professional development around the world through improved English language skills, primarily for people in Latin America.
1.2 Service Modality
LMK's modality is 100% online training, live, through the Zoom platform.
The courses offered are developed in 1:1 and 1:8 mode. The 1:1 programs are customized, the 1:8 programs have an innovative methodology based on practical skills for real life, developing a particular skill each week.
1.3 Limited Entitlement
By accepting, you agree that the service provided to you by LMK is for your personal, non-commercial use only, limited and non-transferable, and that no one other than you (natural or legal person) may use the service. You have no right to copy or reproduce in whole or in part any portion of the service. You acknowledge and understand that your rights with respect to the service are limited by copyright and related intellectual property laws.
1.4 Description of access to the service
The User will receive via e-mail a Zoom access link with his/her username and password, in order to access the class at a prearranged time and day.
LMK is not responsible and shall not be liable for any damages to or viruses that may cause damage to your or any third party's computer or other property resulting from your access to, use of, or downloading of the service provided.
1.5 TECHNICAL REQUIREMENTS
For optimal use of the service you must have a desktop computer with camera and microphone, or a notebook with camera and microphone, as well as an internet connection. We recommend that for stable live online connections you connect from your computer or notebook directly to the modem. Bluetooth connections are possible, but risk loss of connectivity and failures during the live online session.
1.6 AGE REQUIREMENTS
To contract the service you must be 18 years of age to be able to agree and accept the Terms and Conditions, either on your own behalf or on behalf of a third party (natural or legal person).
2. EXPECTED BEHAVIOR
2.1 You may not engage in the following conduct, (i) display, transmit or otherwise make available messages, materials that violate or infringe copyrights, trademarks, patents, trade secrets and other intellectual property rights, rights of privacy or publicity, communications regulations or statutes, or any other laws, including, without limitation, libel, harassment, obscenity and pornography laws (ii) that are unlawful, obscene, threatening, defamatory, invasive of privacy; (iii) constitute political campaigns or sales or marketing solicitations or contain computer viruses or other computer code intended to interfere with the functionality of computer systems.
2.2 You may not record and commercialize the contents of LMK classes, nor may you disseminate or disseminate screenshots of LMK classes.
2.3 You are obliged to attend the class personally (you may not share the content with any other person), and you must keep your camera and microphone turned on.
2.4 You agree not to disrupt or interfere with the normal course of the Service in any way. During the Course, students are expected to behave in an appropriate and respectful manner, with a high standard of politeness and career progression towards other people.
Any violation hereof will be subject to review and appropriate action that the Company may decide to take, at its sole discretion, including the right to discontinue the service. In addition, you may not use
a false e-mail address or otherwise mislead other members as to your identity or the origin of a message or content.
3. PRIVACY POLICY
3.1 LMK will collect data provided by you about yourself such as, but not limited to, your email address, date of birth, as well as other data for general purposes such as: providing the service to you, responding to questions and comments, contacting you via email for service information purposes, for statistical purposes or for any other purpose about which you have been informed at the time the data is requested.
3.2 The treatment of "personal data" shall be carried out in accordance with the provisions of Law 18.331 on Personal Data Protection and its regulatory decree, which provide for the storage, processing, access and transfer of personal data.
3.3 The User expressly agrees that the information provided may be stored, used and processed for the purposes indicated, and that after the service the data may be stored by LMK for a maximum period of two years, in accordance with the provisions of Article 30 of Law 18.331.
3.4 The Company takes great care to maintain the security of personal information relating to users and takes great care to prevent unauthorized access to it, for which it uses appropriate technologies and various internal procedures. However, due to the current state of technology, it cannot guarantee that unauthorized access will never occur.
3.5 The Company may disclose the data obtained in exceptional cases and will inform the user when, for example, it is required to do so by court order, or to establish or exercise legal rights to which the Company is entitled or to defend against legal claims. The above is for illustrative purposes only.
3.6 You represent that all information you provide to the Company is accurate, complete and current, and you agree to keep such information up to date. You also state that any information provided by you to the Company is not in violation of any Law or regulation, and that it does not infringe any third party rights.
4. INTELLECTUAL PROPERTY
4.1 The service contains trade secrets, patented (and/or patent pending) inventions and intellectual property of the Company. You agree to keep confidential any information contained in the Service that is not in the public domain, and not to disclose such information to any third party without LMK's prior written approval.
Students are not authorized to attempt to reconfigure, decompile or perform any action on LMK's website.
4.2 LMK's content and other works of authorship found on the service provided are protected by applicable copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the service (including, without limitation, images, illustrations, graphics, photographs, animations, video, audio, music, text, scripts, applets, files, documents and interactive features included in or available through the service), are owned by the Company. You agree to respect all applicable copyright laws in connection with your use of the service. In addition to the provisions of these Terms and Conditions, the Company may take appropriate actions to protect copyrights.
4.3 You may not use any of the trademarks contained within the service provided, except as specified herein and in accordance with applicable law. You may not copy, display or use any of the trademarks without the prior written permission of the owner. Any unauthorized use may violate trademark laws, the laws of privacy and publicity, as well as civil or criminal laws. Nothing contained on the Service should be construed as granting, by estoppel or otherwise, any license or right to use any trademark. Please note that the list of trademarks may be updated by the Company from time to time. Therefore, neither this list nor its updates include all trademarks. The trademark "LMK Global English Centre", the logo (see page), and other trademarks used in the service are trademarks of their respective owners.
4.4 By posting messages, opinions, entering data or engaging in any other form of communication through the service or through the Company's official social networks, you represent that you have all rights to post such materials and that such materials do not violate the rights of any third party.
4.5 If the Company receives notice alleging that you have engaged in conduct that violates any of LMK's, or any third party's, intellectual property rights, or reasonably suspects this, the Company may suspend or terminate your access to the service provided, without notice. No such action shall carry any liability to you, including for any amounts you have previously paid or any credit you have in the service to be provided.
5. PAYMENT AND MEANS OF PAYMENT
5.1 All users of the service must first accept the Terms and Conditions prescribed herein, as well as the Agreement for Use of the Service. You agree to pay for the service provided by LMK.
5.2 After the service has been initiated, i.e. the first class has been taken, the payment made is non-refundable. In the event that the Company is required to make a refund, such refund will be made by the means by which you made the payment and you will be responsible for the cost of the refund, if any.
5.3 LMK reserves the right to suspend your access to the service if you fail to comply with the provisions hereof, in which case no refund will be made.
5.4 During the registration process to the service you may pay by credit card and/or PayPal® accepting that the payment gateway defined by the company will request the necessary information to make the payment, and that your account will be charged, as well as any taxes, levies and charges on the purchase and any other charges incurred by the use of the service.
6. GOVERNING LAW AND JURISDICTION.
6.1 These Terms and Conditions and your use of the Service shall be governed in accordance with the laws of the Oriental Republic of Uruguay.
6.2 You agree to submit to the exclusive jurisdiction and venue of the competent courts of the city of Montevideo, Uruguay.
7. RIGHT OF LMK TO CHANGE TERMS AND CONDITIONS
The Company reserves the right to change, modify, add, or delete all or parts of these Terms and Conditions at any time, without prior notice to users of the service. All changes will be applicable immediately or at their own discretion. In the event of any material changes, we will use commercially reasonable efforts to notify you and obtain your consent before they are implemented. We recommend that you check these Terms and Conditions periodically for
changes.
8. LANGUAGES
For your convenience, these Terms and Conditions are available in both English and Spanish, and in the event of a conflict, the Spanish version shall be final.
