Terms and conditions of service

Effective Date: 01.05.2020
Version No: 1

1. Introduction
1.1 This website is owned and operated by Lingoo Limited. We are incorporated in England and Wales under number 6022456. Our registered office and trading address is at 86-90 Paul Street, London, EC2A 4NE. Our VAT number is GB 172 3239 20. Our other contact details are specified on our website.

1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future.

2. Definitions
2.1 Capitalised terms have the following meanings in these terms and conditions:
a) “Adult” – a person aged 18 years or over.
b) “Adult Member” - a Member who is entitled to arrange and participate in either Unpaid Holidays (as a Receiving Party and Guest) or Paid Holidays (as a Guest) but in each case involving Adults only. [Full details of membership levels and entitlements can be found in the FAQ section of our site.]
c) “Au Pair Member” – a Member who is entitled to arrange and participate in an Au Pair Stay as a Guest.
d) “Au Pair Family Member” a Member who is entitled to arrange an Au Pair Stay as a Receiving Party.
e) “Au Pair Stay” – a stay by an Au Pair Member with an Au Pair Family Member.
f) “Au Pair Stay Contract” – a contract document for an Au Pair Stay generated via our Service.
g) “Booking Fee” – a payment due by a Guest to us in accordance with a booking voucher for a Paid Holiday.
h) “Child” – a person aged under 18 years.
i) “Consumer” - a natural person acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
j) “Contract” – a contract for an Unpaid Holiday, a Paid Holiday or an Au Pair Stay.
k) “Content” - all information of whatever kind (including messages, Offers, References and Evaluations) published, stored or sent on or in connection with our Service.
l) “Evaluation” - any evaluation, review or rating on our website.
m) “Group Member” - a Member who is entitled to arrange and participate in either Unpaid Holidays (as a Receiving Party and Guest) or Paid Holidays (as a Guest) in each case either individually or accompanied by his/her partner and/or up to three Children. [Full details of membership levels and entitlements can be found in the FAQ section of our site.]
n) “Free Member” – a Member who is entitled to search for a Paid Holiday but has not paid a Verification Fee. [Full details of membership levels and entitlements can be found in the FAQ section of our site.]
o) “Guest” – a Member insofar as he/she contracts for a stay at the home of another Member (whether Unpaid Holiday, Paid Holiday or Au Pair Stay).
p) “Host Family Member” – a Member who is entitled to receive Paid Holidays.
q) “Host Teacher Member” – a Host Family Member who possesses certain language qualifications.
r) “Language Exchange Contract” – a contract document for an Unpaid Holiday generated via our Service.
s) “Member” – a person who registers for our Service (to avoid doubt this excludes other persons named on our Service who may be entitled to participate in certain kinds of Stays and who are not treated as “Members” for the purpose of this agreement).
t) “Offer” – a profile on our website containing information about the Member’s family and property and the nature of his/her offer to other Members.
u) “Paid Holiday” – a holiday whereby an Adult Member, Group Member or Parent Member pays for a holiday at a Host Family Member’s (including a Host Teacher Member’s) home.
v) “Paid Language Stay Contract” – a contract document for a Paid Holiday generated via our Service.
w) “Parent Member” - a Member who is entitled to arrange either Unpaid Holidays (as a Receiving Party and Guest) or Paid Holidays (as a Guest) for named Children. [Full details of membership levels and entitlements can be found in the FAQ section of our site.]
x) “Receiving Party” – a Member insofar as he/she contracts to receive Visitors (for any kind of Stay).
y) “References” – references and other supporting documents which you supply to us in connection with your joining application.
z) “Service” – our website, the services we offer by means of our website and any related software and services.
aa) “Stay” - an Unpaid Holiday, Paid Holiday or Au Pair Stay.
bb) “Total Price” – the total price for a Paid Holiday agreed between the parties.
cc) “Unpaid Holiday” - a holiday whereby a Parent Member, Adult Member or Group Member arranges reciprocal exchange holidays with another Parent Member, Adult Member or Group Member
dd) “Verification Fee” a one-time fee to verify the identity of the Member (and which is automatically included in first annual access fee payment made by a Member if applicable).
ee) “Verified Member” – “a Member who is entitled to search for a Paid Holiday and has paid a Verification Fee. [Full details of membership levels and entitlements can be found in the FAQ section of our site.]
ff) “Visitor” – a Member and/or other person who stays with another Member (for any kind of Stay)

3. Applicability of these terms and conditions
3.1 By registering for our Service, you agree to be bound by these terms and conditions, which are a contract between you and us. Unless stated otherwise, all terms apply to all Members.

4. Changes to the terms and conditions
4.1 We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown. You will be bound by the revised agreement if you continue to use our Service following the effective date shown except that it will not apply to any Contracts entered into before the effective date.

5. Use of our Service
5.1 We grant you a limited personal right to use our Service subject to these terms and conditions.

5.2 Registration as a Member on our Service is only available to those who are 18 years or over.

5.3 Your order is an offer to contract with us.

5.4 We are entitled to reject your application to become a Member in our discretion.

5.5 If we accept your application, we will send you a confirmation email at which point a legally binding contract is formed.

5.6 The following Member conditions apply:
a) The Parent Member acts purely for the benefit of named Children permanently living in the same household as the Parent Member and for whom the Parent Member is parent or legal guardian.
b) The Group Member acts for the benefit of him/herself together with his/her partner permanently living in the same household as the Group Member and/or up to three named Children permanently living in the same household as the Group Member and for whom the Group Member is parent or legal guardian. The Visitors travelling on a Paid Holiday or Unpaid Holiday must include the Group Member.
c) The Adult Member acts for the benefit of him/herself as a Visitor on a Paid Holiday or Unpaid Holiday.
d) The Au Pair Member acts for his/her benefit and must be aged between 18 and 30 years when entering into a Contract for an Au Pair Stay.
e) The Receiving Family Member (Au Pair) acts for his/her benefit.
f) Neither the role of the Member nor the status of named beneficiary is transferable.

5.7 Members are subject to additional conditions as specified on our website (FAQ section) including by way of example:
a) as to the type of Stays in which they may participate;
b) the number, age and identity of persons who may stay or be sent to stay with other Members; and
c) the extent to which Members are permitted to communicate with other Members.

5.8 You agree not to disclose your identity or any contact details to another Member until after you receive the printable agreement generated by our system upon conclusion of a Contract.

5.9 Our Service is designed for, and may only be used in connection with, bona fide language holidays and Au Pair Stays.

5.10 You must regularly check for messages from other Members and respond promptly to any such messages.

5.11 You must comply with any guidelines or requirements in the FAQ section and elsewhere on our website. You must promptly comply with any reasonable request or instruction by us in connection with the Service including any request by us in connection with our verification requirements.

5.12 You must ensure that all contact, payment and other information which you provide to us is accurate and not misleading and that you will update it so that it remains so.

6. Contracts
6.1 Very important: We provide a neutral platform which enables Members to make Contracts. While we provide services to facilitate the Contract, the Contract itself is between the Members concerned and we are not party to any such Contract, notwithstanding that obligations may be owed to us by either party related to the Contract. You acknowledge that any legal recourse arising from such Contract (for example relating to non-payment, misbehaviour by Visitors, the quality of the Stay etc.) is against the relevant Member and not us notwithstanding anything to the contrary in this agreement or on our website.

6.2 A Contract is formed between you and the other Member when our Service generates the relevant Language Exchange Contract / Paid Language Stay Contract / Au Pair Stay Contract.

6.3 The Contract includes the terms agreed by the parties as set out in the relevant Language Exchange Holiday Contract / Paid Language Stay Contract / Au Pair Stay Contract as well as any relevant terms contained in these terms and conditions. You promise to us that you will comply with your Contract with the other Member.

6.4 You promise to us and to the other party to the Contract that you will take out adequate insurance cover (including as to liability, health, possessions, cancellation and curtailment) to receive Visitors in your home and/or as regards Stays with other Members (whether in the same country or abroad).

6.5 You promise to us and to the other party to the Contract that you will comply with all visa, insurance, social security, accommodation and taxation legal requirements and any other applicable laws and regulations relating to the Contract including those applicable to the hosting of Children and/or disabled persons and/or Au Pair Members.

6.6 You promise that you have read and understood our FAQs relating to criminal records and foster care regulations and you also acknowledge that this information is not to be taken as legal or professional advice and that it is your responsibility to take independent advice on such matters as appropriate.

6.7 You promise to us and to the other party to the Contract that you have obtained all necessary third party consents relating to the Contract including if applicable consents from mortgage lenders or landlords to receive adults and/or Children into your home.

6.8 You must not arrange or contract with another Member for a Stay other than through our Service (which includes a requirement that you use the communication tools and the Stay contract documents which we make available).

7. Payment
Paid Holidays
7.1 Each Host Family Member is responsible for determining whether VAT or any other tax is applicable on any payment for a Paid Holiday including by taking professional tax advice if necessary. The payment of any applicable tax is also the responsibility of the Host Family Member. The Host Family Member acknowledges that it may be required to provide a VAT invoice to a Guest. We do not offer tax-related advice.

7.2 In the case of Paid Holidays, the paying party must pay us in advance the Booking Fee depending on their membership level at either 15%, 17.5% or 20% (or such alternative percentages specified on our website at the date of the Contract) of the Total Price plus VAT or other sales tax if applicable. This is our fee for providing the Service. Payment must be made by payment card or other means specified on our website.

7.3 We explain elsewhere in this agreement and on our website the specific circumstances in which the Booking Fee is non-refundable. There will be no refund of the Booking Fee unless those circumstances apply.

7.4 The balance of the Total Price (i.e., the Total Price as reduced by the amount of the Booking Fee net of tax) is payable by the paying party to the Host Family Member in accordance with the Paid Language Stay Contract. We are not responsible for any non-payment.

Access payments
7.5 Certain categories of Member must pay an annual access payment in advance for the amounts and by the means specified on our website. Any applicable VAT or sales tax is included unless we state otherwise.

7.6 Your annual payment will stop after 12 months unless you renew. Renewal prices can be seen on our website.

7.7 Certain categories of Member must pay a Verification Fee. Any applicable VAT or sales tax is included unless we state otherwise.

7.8 We may at any time change our prices. The new rate takes effect if you make or renew any payment after we post the new prices on our website.

General
7.9 You are responsible for making up any shortfall in payment to us arising from charges levied by your bank.

7.10 If any amount due to us is unpaid or unjustifiably charged back, we may:
a) charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998; and/or
b) end this agreement by email notice.

8. Lingoo Referral Program
8.1 The Lingo Referral Program enables certain Members and persons who they refer to us to earn discount coupons. The terms of the program are set out in Annex 1 at the end of these terms and conditions.

9. Right to cancel (“cooling off”)
9.1 If you are an EU Consumer, you have the right to cancel this contract subject to the following provisions. (Note that this section applies only to cancellation of the contract with us and not to cancellations of Contracts for Stays which are covered separately below.)

9.2 You lose the right to cancel contracts for the supply of services which have been fully performed, i.e. completed.

9.3 If you do have the right to cancel, the following apply:

Right to cancel
9.4 You have the right to cancel this contract within 14 days without giving any reason.

9.5 The cancellation period will expire after 14 days from the day of the conclusion of the contract.

9.6 To exercise the right to cancel, you must inform us, Lingoo Limited, 86-90 Paul Street, London EC2A 4NE, contact@lingoo.com, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form at Annex 2 below but it is not obligatory.

9.7 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation
9.8 If you cancel this contract, we will reimburse to you all payments received from you.

9.9 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

9.10 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

9.11 If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract. (This proportion will be at least 50% if you have clicked on the “Ask for Validation” button.)

10. Termination of Contracts
10.1 If either party ends a Contract for a Paid Holiday, then any refund by us of all or part of the Booking Fee is subject to our refund policy set out on the cancellation page (see FAQ) of our website as at the date of the Contract. We shall pay refunds due within 30 days by whatever payment method and currency we consider appropriate. Unless otherwise agreed in the Contract, both parties agree to be bound by our recommendation (“Our advice…”) on the cancellation page as to dealing with terminations of Paid Holidays including refunds between Members.

10.2 We are entitled to end Contract at any time by email notice to both parties without liability to either party if:
a) either party has been the subject of complaint;
b) we have reason to believe that either party has breached this agreement or any other agreement with us; or
c) we have reason to believe that this step is necessary to protect us or others.
In such case, it is entirely in our discretion whether or not to make any refund of all or part of the Booking Fee.

11. Your Content
11.1 You are responsible for your Content (including Offers and Evaluations you post).

11.2 You must ensure that your Content (including Content supplied to us and Content displayed on our Service) is accurate and not misleading and you will update it so that it remains so.

11.3 Members must promptly suppress their Offers or terminate their account (as appropriate) if they no longer wish to offer Paid Holidays (Host Family Members) or to search for or participate in a Stay (Adult, Group and Parent Members). We reserve the right to suppress the Offers of a Member who has been inactive for a period which we consider reasonable.

11.4 You promise that your References have been supplied by suitably qualified persons who are in a position to provide honest and reliable evidence.

11.5 You acknowledge that we reserve the right in our discretion without notice at any time to edit the text or layout of any Offer in order to ensure that it complies with our technical requirements and otherwise to the extent that we think fit.

11.6 Offers must not link to another website or include any information which enables you to be contacted.

11.7 We do not guarantee that any Offer will generate any particular level of revenues or suitable enquiries.

11.8 If you post an Evaluation, you promise that it:
a) is your independent, honest, objective, genuine opinion and that you have not been offered any incentive to write the Evaluation;
b) will be written in appropriate and respectful terms and suitable for a family audience;
c) will not contain any criticism of the Receiving Party relating to matters which were not the Receiving Party’s fault or which were stipulated in the Receiving Party’s Offer;
d) will be addressed to Members generally and not specifically to the Receiving Party; and
e) relates to a Stay which took place within 60 days of the Evaluation being posted.

11.9 You promise to us that you have (and will retain) all rights and permissions needed to enable us to use your Content as contemplated by the Service and these terms and conditions.

11.10 We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behavior if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions or that such steps are necessary to protect us or others or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.

11.11 We do not accept responsibility if your Content is misused by other users as this is outside our reasonable control.

11.12 It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such losses.

11.13 We reserve the right to place advertisements adjacent to your Content. We retain all revenue from such advertisements.

11.14 We reserve the right without notice to irretrievably delete your Content following termination of this agreement.

12. Other Members
12.1 We accept no legal responsibility for the accuracy of, or otherwise in relation to, any Content of other Members or in connection with any dealings between Members.

12.2 While we carry out validation / verification procedures in relation to Members and their Content, you acknowledge that these checks are limited and we do not guarantee the veracity of other Members’ Content including their Offers and References – notwithstanding that they are described as “verified”. Furthermore in carrying out this validation / verification, we are reliant on information supplied by third parties. We cannot guarantee that that information supplied to us is accurate. You acknowledge that you have understood the limitations of the information placed on our website.

12.3 If in the course of using the Service you are exposed to offensive or other inappropriate Content or behaviour, you must notify us immediately sending an email to contact@lingoo.com. We will endeavour to resolve complaints but are under no obligation to enter into dialogue on the receipt of a complaint, nor are we obliged to act on every complaint received or to advise you of any action we do decide to take. All complaints must clearly explain the reason for complaint.

13. Acceptable use policy
13.1 You agree that you will not in connection with the Service:
a) breach any applicable law, regulation or code of conduct or infringe any intellectual property or other rights of others;
b) publish or send any Content (including links or references to other content), or otherwise behave in a manner, which is unlawful, threatening, harassing, invasive of privacy, defamatory, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, abusive or deceptive or which involves phishing or scamming or which we otherwise consider to be inappropriate;
c) reveal any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is an Adult and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
d) impersonate any person or entity for the purpose of misleading others;
e) publish or send any Content which links to any third party websites which are unlawful or contain inappropriate Content;
f) sell access to the Service;
g) use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
h) sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
i) use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
j) do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
k) do anything which may negatively affect other Members’ enjoyment of the Service;
l) gain unauthorised access to any part of the Service or equipment used to provide the Service;
m) use any automated means to interact with our systems excluding public search engines; or
n) attempt, encourage or assist any of the above.

14. Security
14.1 Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

15. Ending or suspending this agreement
15.1 You may at any time end this agreement (including your payment) by following the instructions on our Service. This does not give rise to any refund.

15.2 We are entitled at any time to end this agreement without cause by giving you email notice. If so, we will refund in full any fees already paid for the period in respect of which we take such a step.

15.3 We are entitled to end this agreement where any Member account is inactive for a period which we consider reasonable.

15.4 We are entitled at any time to end this agreement without refund if we terminate our Service as a whole by giving you email notice.

15.5 We are entitled at any time to end this agreement (without refund or notice) if you have received one or more negative Evaluations or if you participate in one more Stays which are not the subject of an Evaluation.

15.6 We are entitled at any time to end this agreement (without refund and with or without notice) or suspend part or all of our Service if we have reason to believe that you have breached our terms and conditions or it is necessary to protect us or others or if we are required to do so by law or appropriate authority.

15.7 Following ending of this agreement:
a) any outstanding Contracts which have not been terminated in accordance with this agreement will be unaffected and this agreement will continue to the extent necessary for the purposes of those Contracts;
b) we are entitled to remove and/or irretrievably delete your Content;
c) we are entitled to retain and continue to use Evaluations and testimonials by you;
d) accrued rights and liabilities are unaffected;
e) all clauses in this agreement which are stated or intended to continue after termination will continue to apply; and
f) your right to use our Service is terminated and you must not attempt to re-register for or continue to use our Service if we have given you notice of termination.

16. Liability
16.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

16.2 Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
b) such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
c) such loss or damage is caused by you, for example by not complying with this agreement; or
d) such loss or damage relates to a business of yours.

16.3 Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

16.4 The following clauses apply only if you are not a Consumer:
a) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
b) Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the total Booking Fees and access payments which you have paid to us in the 12 months before the event(s) complained of.
c) In no event (including our own negligence) will we be liable for any:
i) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
ii) loss of goodwill or reputation;
iii) special, indirect or consequential losses; or
iv) damage to or loss of data
(even if we have been advised of the possibility of such losses).
d) You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement and/or you use of our Service and/or arising from any Stay.
e) This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

17. Intellectual property rights
17.1 If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, transferable (with right to sub-license), royalty-free licence to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, on our own Service, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our Service. You also grant each Member a licence to use your Content to the extent permitted by the functionality of the Service and these terms and conditions.

18. Privacy
18.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy [link] which is subject to change from time to time.

19. Events outside our control
19.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

20. Transfer
20.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

21. English law
21.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is contact@lingoo.com.

22. General
22.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

Version:

ANNEX 1

LINGOO REFERRAL PROGRAM

1. For the referring Members (“Referrers”) and the person who they refer to us (“Friends”) to qualify for discount coupons:
a) the Referrer can be any category of Member;
b) the Referrer must have had at least one active profile (validated by us) published on the Service and, in the case of a Paying Member (defined below), has made at least one successful payment to us;
c) the Friend must register with us as any category of Member (except Au Pair Member or Free Member ) using the unique code generated by the Referrer via our site;
d) the Friend must never previously have been a Member;
e) the Friend must be a genuine personal connection of the Referrer who is likely to appreciate the referral; and
f) the referral code must not have been published or otherwise provided to persons who are not genuine personal connections of the Referrer, for example publication on a coupon website.

2. A discount coupon is allocated to a qualifying Referrer (except an Au Pair Member or a Free Member):
a) if the Friend becomes the kind of Member who pays an access fee or a Verification Fee (“Paying Member”) - when the Friend pays the first access fee or Verification Fee; or
b) if the Friend becomes any other kind of Member (“Non-Paying Member”) - when the Friend first becomes a Receiving Party in respect of a Paid Holiday booked and paid for via our website where:
i) the Booking Fee is at least 60 Euros net of tax (or as otherwise specified on our site) and it has been paid in full; and
ii) the Guest is not connected with the Referrer
(referred to below as an “Eligible Booking”).

3. A discount coupon is also allocated to a qualifying Friend at the point when the Friend registers as either a Paying Member or Non-Paying Member.

4. Discount coupons may be used in the ways specified on our Service at the time of redemption. (Note that this may change from time to time.)

5. NB As regards use of discount coupons:
a) Discount coupons which are not used within 12 months of allocation will automatically lapse.
b) Each discount coupon can only be used once.
c) A discount coupon cannot be re-used if any Paid Holiday to which it relates is cancelled for any reason.
d) Unless otherwise stated on our site at the time it is allocated, each discount coupon has a value of 20 Euros. Discount coupons cannot be split, i.e., used for less than the amount of the value of the discount coupon.
e) The amount of discount coupons being used cannot be more than the amount of the relevant purchase (i.e., access fee or Booking Fee) net of tax.
f) Discount coupons cannot be accumulated with any Lingoo discounts or promotions apart from any renewal discounts (if applicable) offered by the site automatically.

6. As regards the Lingo Referral Program generally:
a) No Member can hold discount coupons worth more than 200 Euros at any one time.
b) Referrers promise that they have obtained consent from their Friends to supply us with their Friends’ email addresses and that Friends are aged 18 or over.
c) Discount coupons do not have any inherent value. They can only be used on our website via the account to which they were allocated and they are not transferrable or redeemable for cash. You must not sell or transfer them or make them available to anyone else or attempt to do so or encourage anyone else to do any of these things.
d) Discount coupons cannot be used retrospectively.
e) It is your responsibility to check that discount coupons have been correctly allocated to your account and to notify us promptly if not. Any decision relating to the correct discount coupon balance in your account is in our sole discretion. Our decision is final.
f) A Friend may only use one referral code. If a Friend receives codes from multiple Members, only the Referrer who supplied the code actually used by the Friend on registration is entitled to receive the discount coupon.
g) Discount coupons will be automatically terminated when this agreement ends.
h) We may in our discretion without notice or compensation:
i) remove discount coupons from an account if they were awarded in error or if a relevant payment is charged back or otherwise cancelled or reversed or if the account-holder has breached this contract or abused the Lingoo Referral Program or if we otherwise consider it reasonable to do so;
ii) impose additional restrictions concerning the allocation or use of discount coupons and otherwise amend or terminate the entire Lingoo Referral Program; and
iii) stop anyone from participating in the Lingoo referral Program

ANNEX 2

MODEL CANCELLATION FORM

Complete and return this form only if you wish to cancel the contract:

— To Lingoo Limited, 86-90 Paul Street, London EC2A 4NE, contact@lingoo.com:

— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],

— Ordered on [*]/received on [*],

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

[*] Delete as appropriate